Event and Time
Event Description
This matter involves an appeal concerning parenting orders made in a family law context. The case centers on a dispute between a maternal grandmother and the mother of the children over custody and access arrangements following previous orders that granted the grandmother sole parental responsibility due to the mother's unstable lifestyle.
Application and Claims
- Appeal no. SOA 18 of 2021: The maternal grandmother appeals the orders made on 17 March 2021, which allowed the mother to pursue further applications for parenting orders.
- Appeal no. SOA 19 of 2021: Related to interim parenting orders made on 18 March 2021.
Judicial Decisions
The appeal court recognized that the orders were interlocutory but linked sufficiently with child welfare matters to allow for the appeal without requiring leave. The primary judge found no procedural unfairness regarding the mother's absence during the original hearings and dismissed the appeals against the part of orders allowing the mother to amend her application. The appeal court also ordered costs certificates for the parties involved in relation to the successful and unsuccessful aspects of the appeals.
Dispute Points and Legal Basis
Dispute Points
- Maternal Grandmother's Position:
- Argued that parenting orders made previously should be upheld, emphasizing the mother's lack of attendance at critical hearings. - Sought dismissal of the mother's application, citing the rule in *Rice & Asplund* regarding the absence of substantial change to circumstances regarding child welfare.
- Mother's Position:
- Contended she should have the opportunity to revisit parenting orders, asserting her circumstances had improved since the original decision. - Claimed that she had not received adequate notice of the court proceedings and explained her failure to attend as a result of her chaotic lifestyle.