PATERNAL GRANDPARENTS WANT TO SPEND TIME WITH THEIR GRANDCHILD WHO IS UNDERGOING THERAPY DUE TO FAMILY VIOLENCE
Farlow & Madani [2021] FCCA 781 (17 February 2021)
This is a parenting case where the paternal grandparents seek time with the children of their son notwithstanding the fact that the child is currently undergoing therapy due to allegations of family violence between the husband and the mother of the child.
Facts:
The Paternal Grandparents are parties to the proceedings and sought unsupervised face-to-face time with the child.
Their counsel articulated a case that their application was entirely separate from their son’s and that they would not be involved in the family therapy agreed to by the parents. Their case was put in strong submissions by their counsel to the effect that they were entirely innocent of family violence, abhorred what their son had done and had a long and generous involvement in the child’s life that should not be interrupted by the tragedy of the family violence suffered at the hands of the Father and that no harm could realistically be said to befall the child in their care.
According to Ms Madani (wife) , the relationship between the parents was characterized by frequent physical, verbal, and sexual abuse perpetrated by Mr Farlow (husband) towards Ms Madani. She also alleged Mr Farlow engaged in controlling behaviors such as financial control and stalking. Ms Madani stated that X (child) was frequently exposed to aspects of the family violence. Ms Madani alleged that X video recorded a physical assault by Mr Farlow against her. She stated that X’s frequent exposure to family violence has had a profound impact on him and he now exhibits some trauma-based behaviours
Ms Madani alleged family violence perpetrated by the paternal grandparents towards her, early in the relationship with Mr Farlow. Ms Madani alleges that she also experienced controlling behaviors by the paternal grandparents towards her throughout the relationship.
Issue: Should the court grant face to face time between the paternal grandparents and the child?
Analysis:
The court does not propose to order face-to-face time commencing with the Paternal Grandparents at this point in time as they seek. It is not because the court has a finding that there is anything that is going to befall the child in the care of his Paternal Grandparents. To the contrary, the court is inclined to the view, but it does not make a finding at the moment, that the child will benefit from the continuation of the relationship with his Paternal Grandparents.
The primary reason the court does not find it is in the child's interests to order a resumption of face-to-face time at the moment is because of how many other things are going to be going on in the child's life. That is, the imposition of family therapy upon the parents and the child and, to the extent that the therapist sees it as valid, upon the Paternal Grandparents as well.
The child has only started therapy with his psychologist in December. It is weekly school term therapy. It is very early on in that therapy.
Sadly, the child has not had contact with his Paternal Grandparents since May last year and it will be more than 12 months. From the child's point of view, the circumstances that have happened, including the interruption of his relationship with his Paternal Grandparents, is the equivalent of a car wreck in his life. It may well be that upon meeting his Paternal Grandparents for the first time he will burst into their arms and be delighted to see them or at least after some warming up period. However, the court cannot be certain of that and the most significant matter that is going to occur in the child's life at the moment is the intensive family therapy and the demands that that makes upon all concerned.
The child well knows the relationship between his parents and his Paternal Grandparents and the court wants to ensure that the family therapy has every chance of success.
At this stage, the court is going to limit it to the cards, letters and gifts. That is, to give the family therapy every chance to work. That therapy is the major immediate issue that the Mother and the child and the Father as well as the Paternal Grandparents have to deal with.
Conclusion: The Second and Third Respondents Paternal Grandparents be at liberty to send cards, letters and gifts to the child, addressed to the child, care of the Respondent Mother.
