Watson and Anor and Fellada

This matter concerned orders made by Berman J regarding the welfare of a child, B, born in 2012. The dispute involved the paternal grandparents and the mother, with the court making significant orders concerning the child's time with the grandparents, contact with the father, and the mother's ability to arrange counselling or psychological treatment for the child.

The court was required to determine the appropriate arrangements for the child's time with the paternal grandparents, including the frequency and duration of such time. Furthermore, the court had to consider whether the paternal grandparents should be restrained from allowing the child to have contact or communicate with the father. The court also addressed the mother's ability to consent to counselling or psychological treatment for the child, and the circumstances under which such treatment could proceed, including the role of the Independent Children’s Lawyer. Finally, the court considered the location of handovers and the mother's obligations regarding the child's residence and schooling.

Berman J ordered that certain previous orders be suspended and made new orders for the paternal grandparents to spend time with the child on specified Sundays, with further time to be agreed between the paternal grandfather and the mother. Crucially, the paternal grandparents were restrained from allowing the child any contact or communication with the father. Handover arrangements were to occur at a police station nearest to the mother and child's residence. The mother was also restrained from allowing the child to attend counselling or psychological treatment unless agreed by the parties or ordered by the court, with an exception for treatment recommended by the Independent Children’s Lawyer under specific conditions, including joint expense. The mother was ordered to disclose the child's residential address and school to the Independent Children’s Lawyer and was restrained from changing these without consent or court order. All interim proceedings were dismissed.