Event and Time
Event Description
- The case concerns an application by the maternal grandmother for the enforcement of prior parenting orders regarding time spent with her grandchild, X. The mother of the child has not followed these previous orders, leading to disputes regarding the best interests of the child.
- The Court made orders on 21 November 2019 regarding this matter. The mother subsequently sought to have these orders discharged, arguing that reinstating them would not serve the child's best interests.
Application and Claims
- Grandmother's Claims:
- Seeks enforcement of final parenting orders established in 2019 which outlined time spent and communication with the child. - Aims to amend the orders to allow for greater flexibility and continued contact with the grandchild.
- Mother's Claims:
- Seeks leave to discharge the final parenting orders in light of changes in circumstances since 2019. - Argues that allowing time to the grandmother could be harmful due to the heightened acrimony between the grandmother and herself.
Judicial Decisions
- The Court, after considering the applications and the principles established in *Rice & Asplund*, granted leave for the mother to proceed with her application for discharging the final parenting orders. The hearing for the matter is set for 15 March 2022.
Dispute Points and Legal Basis
Dispute Points
- Grandmother's Position:
- Claims the previous orders should remain in force and that she should be allowed to establish a more consistent relationship with X. - Correspondence and prior affidavits indicate a desire for contact without supervision after suitable completion of certain programs by herself.