DYING GRANDFATHER REQUESTS TIME WITH HIS GRANDSON
Sarti & Sarti & Anor [2020] FCCA 2101 (31 July 2020)
This case is about a grandfather seeking for time with his grandson despite strained relations between him and the grandson’s parents
Facts:
The applicant paternal grandfather seeks orders to spend regular time with his grandson, aged five. The grandfather has inoperable liver cancer with a life expectancy of approximately three months.
The child has a positive relationship with his grandfather but the relationship between the grandfather and each of the child’s parents is strained.
Issue: Is the paternal grandparent entitled to spend time with his grandson?
Law:
- Part VII of the Family Law Act 1975 (“the Act”) deals with children’s matters. Section 60B of the Act sets out the objects of part VII and the principles underlying those objects. One of the principles is: “Children have a right to spend time on a regular basis with, and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development (such as grandparents and other relatives)”
- Section 60CC(3)(m) of the Act provides for the court to take into consideration any other fact or circumstances the Court thinks is relevant.
Analysis:
This principle does not give grandparents particular rights but, rather, recognises that people other than parents can be important to a child’s welfare. Grandparents and other relatives are cited as examples of people who might be in that category. The principle is that children have a right to maintain relationships with people important to them unless it would be contrary to their best interests.
Moreover, Section 60CC(3)(m) of the Act provides for the court to take into consideration any other fact or circumstances the Court thinks is relevant. A relevant consideration is the fact that the grandfather’s life expectancy is very short so any inconvenience to or irritation of the parents is also likely to be short lived.
Conclusion: the court is satisfied it is in X’s best interests for specific orders to be made for him to spend time with his grandfather.
