EX- STEPMOTHER SEEKS TIME WITH EX-STEPSON
Elben & Mandelson [2020] FCCA 2143 (10 September 2020)
This case involves the applicant who is the former step mother of X where she seeks time with X despite being separated from the father and having a new family of her own.
Facts:
X is 10 years old and suffers autism. Ms Alben has been his stepmother from 2011 until 2017 when Ms. Alben separated from X’s father (Mr. Mandelson). The applicant, Ms Elben, comes to this Court seeking orders for time-with and communication between herself and X.
The relationship between the applicant and X has previously been of the nature of mother and son. The applicant was a presence in his life from when he was an infant until he was about eight years of age.
Issue: Is Ms. Alben entitled to spend time and communication with his ex-stepson X?
Law:
- 60CA- In deciding whether to make a particular parenting order in relation to the child, a court must regard the best interest of the child as the paramount consideration.
Analysis:
The fact of Ms Elben not being the biological mother of X is essentially irrelevant to the court’s consideration where X's best interests are the paramount consideration.
The court is persuaded on the balance of probabilities that there is a long-term benefit for X in the re-establishing his relationship with Ms Elben. That relationship has for much of his life been an important and influential one for him. For all intents and purposes Ms Elben was his mother figure. It is clear that he has suffered a sense of loss by his misunderstanding that she abandoned him. There are actual and potential benefits in that relationship being re-established including but not limited to X coming to understand that an important adult in his life has not abandoned him. Prima facie, therefore, the restoration and continuation of that relationship is in X's best interests.
Conclusion:
Ms. Elben is entitled to spend time and to communicate with X.