Wearing & Anor and Green & Anor

The case involved an application by the paternal grandparents seeking to reverse interim orders that provided for the subject child to live with the mother and spend time with them. The paternal grandparents alleged an unacceptably high risk of harm to the child in the mother's care, citing concerns about neglect stemming from her unstable emotional condition and cannabis use. These allegations were refuted by the mother, the intervener, and the Independent Children's Lawyer. The court was required to determine the interim living arrangements for the child, considering the child's best interests, and whether the presumption of equal shared parental responsibility should be rebutted.

Austin J considered the evidence, including the opinion of a single expert, which indicated the child might be primarily attached to the paternal grandmother, though it did not recommend immediate removal from the mother. The court noted the child's meaningful relationship with the mother and the absence of any suggestion of current risk of harm in her care, including exposure to family violence. However, the court also acknowledged limitations in the paternal grandparents' capacity to meet the child's needs. The presumption of equal shared parental responsibility was rebutted, and parental responsibility was allocated to the party with whom the child lives.

The court ordered that the child live with the mother, subject to her compliance with drug screening directions from the intervener. The child was also ordered to spend time with the paternal grandparents each weekend. The paternal grandparents were restrained from allowing the child unsupervised contact with the father. All interim applications, including the paternal grandparents' application to reverse residence and the mother's application for costs, were dismissed. The mother was granted sole parental responsibility for the child.