MOTHER SEEKS TO RECOVER HER AUTISTIC CHILD FROM THE CHILD’S PATERNAL GRANDPARENTS
Hedlund & Hedlund (No.2) [2020] FCCA 2781 (7 October 2020)
This is a case involving mother seeking to recover her autistic child from the child’s grandparents after the child absconds to the paternal grandparent’s house.
Facts:
The mother in the proceedings has filed an Application to recover the child X, an autistic child with intellectual disabilities and very challenging behavioural issues, from his present location with the paternal grandparents.
She indicated that X went to Suburb C police and went inside and she followed him in and spoke to the police there. While she was speaking with the police X ran out of the police station and she followed him to the paternal grandparents’ home. She said X refused to get into the car with her and went into his grandparents’ front door, where he was let in.
The paternal grandparents did not seek to have any orders in relation to X. The paternal grandparents have indicated that they are content for X to return to the mother. The paternal grandparents do not have any parental responsibility. No one sought orders that X would live with the paternal grandparents.
The father’s position is that the child should not be recovered. In oral submissions Mr Hedlund referred to the fact that the family consultant said that X should live with him
Issue: Should X be returned to the mother?
Law:
Analysis:
The court’s decision was made upon, amongst other matters including findings as to family violence, the acceptance of what the court considers the well-reasoned opinions of both the family consultant and of X’s treating psychiatrist as to the likelihood that his conduct was caused by the father’s conduct, and that if that was occurring X’s best interests would be served by living with the mother and by not having any contact with the father so that the impetus for X’s conduct was removed.
X has autism spectrum disorder and he has also been diagnosed with an intellectual disability, he has behavioural problems and delays in development, and he is displaying still the major behavioural problems at the moment with his running away that he has displayed previously.
The court notes that there were descriptions of his outbursts, however, looking at the long run, unfortunately, if the only way to give effect to these orders to return X from the grandparents to his mother is to issue a recovery order, because of X’s behavioural problems, so that X may return to live with her and continue seeing Dr L, which the court think is extremely important, and to put time between him and the father’s influence then, unfortunately, although the court has no doubt that this recovery will be traumatic for X, the court comfortably satisfied that it is in X’s best interests for this recovery order to be made.
Conclusion: X shall be returned to the mother.#RecoveryOrders