Maternal Grandmother Opposes Equal Shared Responsibility Between Parents

Ratten & Ratten & Ors [2021] FCCA 1496 (19 May 2021)

Child aged 3 years lives with the maternal grandmother.  The child's mother and father are alleged to pose a risk of harm to the child.  The parents have not participated in the proceedings.  The maternal great grandmother opposes the return of the child to the mother. 

Facts:

Since June 2018, X has been living with his maternal grandmother, Ms Ratten, at Region D when X’s mother, Ms B Ratten, moved in with the maternal grandmother.  The mother moved out of the maternal grandmother’s home.  She has gone on to have another child, and her involvement in X’s life has been very limited.  X’s father, Mr Carrick, has no relationship with the child and seems to have played no serious role in X’s life. 

The maternal grandmother initiated proceedings after she evicted the mother from her home as a result of what she says was a “partying” lifestyle that did not prioritise X’s needs.  The maternal great grandmother, Ms C Ratten, attended upon the maternal grandmother’s home, effectively seeking that the child be able to be returned to the mother.  Given that X was living with the maternal grandmother, the court made an interim order that she have sole parental responsibility for him, and that X live with her and spend no time with either the mother or the father.  The mother and father have not participated in the proceedings and at no stage has either parent filed any material in these proceedings. 

Issue:

Whether or not the parents pose an unacceptable risk to the child. 

Applicable law:

Family Law Act 1975 (Cth) Pt VII - ensures that the children have the benefit of both parents having a meaningful involvement to the maximum extent consistent with the children’s best interests. 

Analysis:

The maternal grandmother is the child's primary carer and mother figure.  The maternal grandmother has provided him with a safe and loving home.  The parents have not participated in the child’s life to the extent they should have, particularly the father.  The grandmother has had to undertake all of the significant parenting, as well as the decision-making role.

Conclusion:

The Court concluded that the unacceptable risk the parents pose to X remains and therefore the presumption in favor of equal shared parental responsibility is not applicable.  The Court ordered that the Maternal Grandmother have sole parental responsibility for the child. The child shall live with the Maternal Grandmother.  The child is to spend time with each of the parents as agreed in writing between the Maternal Grandmother and that parent and on such terms and conditions as the Maternal Grandmother sees fit.  This may include (but is not limited to) a supervision requirement or that the visits occur in a public location.  The Maternal Great Grandmother is to spend time with the child as agreed in writing with the Maternal Grandmother.