Winston and Anor and Medland

This case concerned a dispute over the future parenting arrangements for a nine-year-old child, [X]. The child's mother died suddenly in 2012, after which [X] had been living with her maternal grandparents. Prior to her mother's death, [X] had lived with her mother and spent time with her father. The maternal grandparents sought orders for [X] to continue living with them, while the father sought an order for [X] to live with him. The child was conflicted and did not express a clear preference. The matter was heard by Judge Terry.

The court was required to determine whether the fact of parenthood tipped the balance in favour of the child living with the father, and to make orders for the future parenting arrangements for [X]. In doing so, the court considered various factors including the child's maturity, sex, and background, the attitude to parenthood demonstrated by each party, the nature of the child's relationships with her father and maternal grandparents, and any other relevant facts or circumstances. The court also considered the potential for future proceedings and the need for the child to settle peaceably into a new regime.

In its reasoning, the court noted that the child did not express a clear preference for living with either party, and that any comments she made about her stepmother were given little weight due to the risk of her saying what she thought the maternal grandparents wanted to hear. The court expressed concern about the father's past decision to withhold [X] and the potential for ongoing animosity between the parties, despite recent improvements in their interactions. The court found that while the child had a close and loving relationship with both her father and maternal grandparents, her comments to a psychologist suggested a less positive relationship with her stepmother and her stepmother's children. The court ultimately found that it was preferable for the child to live with the maternal grandparents, while also ensuring significant time with the father.

The court ordered that all previous parenting orders be discharged. It was ordered that the father, maternal grandmother, and maternal grandfather have equal shared parental responsibility for the child. The child was ordered to live with the maternal grandparents, and to spend time with the father on alternate weekends during school terms, for a period of nine days during school holidays, and for one half of the Christmas school holidays, with provisions for agreed or default arrangements. The orders also included provisions for communication, notification of medical conditions and travel, and attendance at school events, with specific clauses regarding Father's Day and Mother's Day. The court also directed that the maternal grandparents arrange for the child to see a professional to explain the orders to her.