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MOTHER PROHIBITS FATHER FROM PROVIDING CHILD WITH SIM CARD

Greaves & Greaves [2020] FCCA 1937 (5 August 2020) 

This case involves a mother prohibiting the father from providing their child with a sim card under the father’s name. 

Facts

Mother sought that the Father be restrained by injunction from providing Y (their child) with a SIM card. She submitted that if Y was in possession of a SIM card provided to him by his Father, that the Mother would not be able to control his internet connection, as either: (1) She would not be able to take the SIM card away from Y, as, given his behavior toward his Mother, he would refuse to turn it over to his Mother; and (2) If the SIM card account was in the Father’s name, the Mother would not be able to ‘turn off’ the data allowance to the SIM card with the data provider. 

The Father seeks, in general terms, an order that would enable him to contact any of the children at any time when they are not in his care by text, email or telephone. 

Issue: May the father be restrained from providing their child with a SIM card? 

Law

  • Section 60CA of the Act provides that in deciding whether to make a particular parenting order in relation to a child the Court must regard the best interests of the child as the paramount consideration.

Analysis:  

The court holds that it is in Y’s best interest, on the basis that it gives the Mother an element of control over Y’s access to the internet through its data allowance and prevents that element of the Mother’s parental authority being overridden by the Father.  

Conclusion:  

Hence, the court ordered that the Mother shall facilitate telephone communication with the father and that the Father be restrained by injunction from providing the child Y with a SIM card. The court notes  the Mother will provide a SIM card for the child and ensure he always has capacity to make and receive telephone calls from his mobile phone. 

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