PATERNAL GRANDMOTHER WANTS HER GRANDKIDS TO LIVE WITH HER
Marcroft & Bardine & Anor [2020] FCCA 2843 (30 September 2020)
This is a parenting proceeding where the parties are the mother and the paternal grandmother where there are allegations that the mother has a history of illicit drug use and that the children are at risk with the mother and her partner.
Facts:
This is a parenting matter concerning the children: W, who is 12, X, who is 9 years old, Y, who is 7 years old, Z, who is almost 5; and V, who is almost 3. The parties are Ms Marcroft, the mother, Ms Gardner, the paternal grandmother and Mr Bardine (the father) who has not participated in proceedings for some considerable time.
The issue, really, has been about the mother’s circumstances and whether the children should live with her or, if not, spend substantial and significant time with her. An issue has arisen because she has a history of illicit drug use, particularly cannabis, it would appear, abuse of alcohol and a relationship since mid-2018 with a Mr C. The material produced on subpoena from the Northern Territory Police, shows repeated call outs from about June 2018 regarding the mother and Mr C. Call outs involving intoxication, allegations of family violence and so on. On my count, six incidents between June 2018 and, at least, February 2019, when an affidavit was filed.
Issue: Should the children live with the mother?
Held:
It is apparent that some kind of relationship continues between the mother and Mr C. On the material before the court, are abundant reasons to be concerned about the welfare of these children were they to live with the mother or, indeed, spend substantial and significant time with the mother if Mr C was present. It appears to the court that there is no real guarantee that that would not be the case.
So the parties, with the exception of the father who has not participated in the proceeding, have brought in proposed orders to which each of them agrees, which essentially provide for the paternal grandmother, the mother and the father to have equal shared parental responsibility. For the children to live with the paternal grandmother and spend time with the mother, though it does not appear at this stage that there is provision for overnight time. There is also a requirement that the mother submit to four random drug tests, though it does not say whether they are for urinalysis or otherwise.
Having regard to the material in submissions the court received from the parties, the court is satisfied that the proposed orders are in the best interest of the children. While these orders are to be final orders, there is a proposal for the parties to attend family dispute resolution in the middle of next year to discuss further arrangements.
Conclusion: The court orders that the paternal grandmother, mother and father have equal shared parental responsibility for the children and That the children live with the paternal grandmother.
