Case we are discussing…
As discussed in a previous snapshot, the Family Law Act makes provisions for non- parents to make an application to spend time with a child. The Act makes special mention, however of grandparents. However, does this mean that a grandparent’s application to see or spend time with the child outweighs the parents right to make decision regarding who their child spends time with?
This was the issue considered in Church v Overton (2008).
The Applicant being the Maternal grandfather had initiated Court proceedings against his 3 adult daughter to spend time and communicate with his grandchildren. The Respondents were joined to the proceedings and the matter was considered collectively. The Respondents disputed that the children spend time or communicate with the grandfather because they claimed that the grandfather was a spiteful person who was using the proceedings to hurt them through their children, and that his contact with the children would be personally distressing to them, and their family. In addition, that as the parents of their children, each of them should decide with whom their children have a relationship. The daughters submitted that it would not be in the children’s best interests to see or to hear from the grandfather.
The Court ultimately made orders by consent for the grandfather to send letters or cards to each grandchild (subject to terms as stated in the orders), but otherwise dismissing the grandfather’s applications.
In coming to their conclusion, the Court considered Re Michael (1994) which states in the event that a court is satisfied that an approach to the upbringing of a child by a parent or parents in whatever way is contrary to that child’s best interests, then the court should interfere by putting in place appropriate orders. It was not the role of a court to peer over the shoulders of functional parents and second guess the decisions they make regarding the upbringing of their children. A court should only intervene in such decision-making in a cautious, careful and thoughtful manner and consider whether a better approach is to make no order at all.”
Book we are reading…
What do you do when you discover that your narcissistic, toxic mother has been starving and isolating your aging father? You wait until she has a hip injury and is hospitalised and then you start a campaign to ensure that she remains in hospital for as long as she shall live.
The Erratics, by Vicki Larveau Harvie, is the extraordinary memoir of the psychological damage suffered by a nuclear family, bought on by a monstrous personality- the Mother.
Quote we are pondering…
Stop acting so small. You are the universe in ecstatic motion.
Insta-page we are stalking…
Nothing inspires us more than an individual on an indestructible path of self-improvement and self-awareness.
This is why this week we are introducing you all to Rayann. On her Instagram page etherealscriber Rayann shares with us; through her poetry, her journey towards authenticity and empowerment and quite frankly we can’t get enough.
Get following and be inspired.
Masters of Success…