Parents battling grandparents in Family Court

ORDERS FOR GRANDFATHER TO SPEND TIME WITH HIS GRANDSON CONFIRMED BY FULL COURT OF THE FAMILY COURT

The parents of a 5-year-old child appealed to the Full Court of the Family Court against Orders made by the Federal Circuit Court that the paternal grandfather spend time with their son.

The Full Court of the Family Court ordered that the child continue to spend time with his grandfather as he enjoyed his time with his grandfather, and it was in the child’s best interest to continue to spend that time with his grandfather.

If you have a dispute involving a grandchild, it is important to attempt to resolve the dispute by mediation before thinking of any application to the Court. An attempt at mediation is also required by the Court.

What are the important points from the case?

The following are the important points:

1. The best interests of the child are paramount.
2. There is no presumption that a parent knows what is in the best interests of their child.
3. There is no onus on a non‑parent to persuade the Court that the role of the parent should be usurped and their views disregarded.
4. The Family Law Act provides that the Court must consider a number of factors when determining what Orders are in the best interest of a child.