MOTHER WANTS THE RETURN OF HER CHILDREN AFTER BEING DISCHARGED IN THE HOSPITAL
Haberland & Wardlow & Anor (No.2) [2020] FCCA 3598 (22 December 2020)
Facts:
This is a parenting matter concerning three children: X, who is eight years old; Y, who is five years old; and Z, who is three years old.
The children lived with their mother until she went to the hospital. It has been some 12 months that the children have been in the care of the paternal grandmother. The mother has wished for the return of the children, since she returned from hospital towards the beginning of this year.
There is a family report, which indicates that the children are attached to their mother and the family report recommends that the children be returned to live with their mother at Town C, which is a community some distance away from Town B.
Issue: Should the children be returned to the mother?
Held:
The court does not doubt that Ms D Wardlow, the paternal grandmother, has played a significant role in the lives of these children but it is not to be suggested that the children should live with her or that the mother is unfit to care for them. Clearly, the mother has some health issues, but there is no real submission that her health would preclude her from caring for her children.
Conclusion: The Court orders that the children shall live with the applicant.
