Maternal Grandparents Seek Equal Shared Parental Responsibility
Kelsey & Bell [2022] FedCFamC2F 1606 (23 November 2022)
The biological mother of children is deceased. An application was filed by the maternal grandparents for the father to spend indefinite supervised recognition time with children. The Court, in making parenting orders, assessed the alleged risk of mental health issues and potential drug and alcohol misuse by the father.
Facts
These proceedings relate to four children who tragically lost their mother in 2020; namely:- X born in 2009 currently aged 13 years (“X”); Z born in 2012 currently 10 years of age (“Z”); W born in 2015 currently aged 7 years and three months (“W”); and Z born in 2018 currently aged 4 years and 8 months (“Z”).
Subsequent to this event all four children have lived with the applicant maternal grandparents; Mr and Mrs Kelsey. The first respondent in the proceedings is the father of X. The second respondent; Mr Bell, is the father of Z and W. The third respondent is the father of Y. The third respondent was living with the mother at the time of her passing.
The parenting arrangements for Y and X were determined by me on an undefended basis on 11 November 2021 and final parenting Orders were made that X and Y live with the maternal grandparents and spend no time with their respective fathers. The outstanding issue for determination is the parenting arrangements for Z and W (“the children”). To his credit the father understands that, despite his love for them and his desire that they live with him, it is in the children’s best interests in the circumstances to remain living with the maternal grandparents and their siblings to ensure continuity and stability of their care arrangements. He seeks that the children spend time with him on a graduating basis. The father does not seek block holiday time.
he maternal grandparents seek that the children spend indefinite supervised “recognition time” with the father only in circumstances where they allege unsupervised time poses an unacceptable risk of harm to the children. Interim Orders made by the Court for the children to live with the maternal grandparents, Z and W to have FaceTime on two occasions per week with the father and for the maternal grandparents to share parental responsibility to the exclusion of the father save for changing the children’s names and providing for the father to undertake hair follicle testing.
Issue
Whether or not the maternal grandparents should have equal parental responsibility as between them.
Applicable law
Analysis
It is uncontested that the children will continue living with the maternal grandparents. It is necessary on a practical basis that they have parental responsibility for making decisions concerning the children long term care, welfare and development. The only evidence as to the relationship between the maternal grandmother and the father contained within the maternal grandmother’s affidavit is the sentence: “There is no communication between Mr Kelsey and I and Mr Bell that does not include verbal abuse and aggression from Mr Bell.” The maternal grandparents reported to the Court Child Expert that whenever the father has interacted with the maternal grandmother he has been aggressive towards her and that whilst she does not feel concern about her safety, she would do so if she has to communicate with the father in person.
In her oral evidence the maternal grandmother affirmed her allegation that the father has been abusive in every conversation she has had with him. Her evidence was that the father has further sent her abusive text messages. It was submitted on the father's behalf that it is commonplace for separated parents to feel uncomfortable when speaking with each other as to parenting issues and there is no suggestion that the father has ever threatened the maternal grandmother. The limited evidence before the court to support the maternal grandparent’s position is solely from the maternal grandmother.
Conclusion
The father and maternal grandparents are to have equal shared parental responsibility for the children Z, born in 2012 and W, born in 2015 (“the children”). The children should live with the maternal grandparents.
