Weist and Weist and Ors

In the Federal Circuit Court of Australia, Judge McNab considered an application by a grandmother seeking access to her grandchildren. The mother and father of the children opposed the grandmother's access. The central dispute revolved around whether the grandmother had an arguable case to pursue access rights.

The court was required to determine if the grandmother's application for access to her grandchildren met the threshold for an arguable case, thereby permitting the matter to proceed. This involved assessing the merits of her claim in light of the parents' refusal to grant access.

Judge McNab ordered that the applicant grandmother be granted leave to file an amended application. The court also directed that the grandmother, the first respondent (father, subject to availability), and one of the children attend a Child Inclusive Conference with a Family Consultant. This conference was to address the access arrangements for all five grandchildren. Following the conference, the Family Consultant was to provide an oral report to the court and parties, after which the matter was adjourned for further directions. The parties' costs were reserved, and the court noted specific provisions regarding family violence allegations and cross-examination rights under the Family Law Act 1975.