Amir & Alza and ANOR 2015 FamCA 341

The family included six children under the age of 15 years.  The children did not spend time with their father following incidents of family violence.  Two oldest children lived with the paternal grandfather, and the grandfather applied to spend time with the two youngest children saying that he wanted to continue raising the children in the culture and religious belief of the family.  The mother opposed the grandfather’s application saying that the grandfather had undermined her relationship with the older children and she was concerned that he would also undermine her relationship with the two younger children.  The mother submitted that the grandfather knew of the family violence perpetrated by his son but did nothing to protect the mother or children from this harm (capacity to protect).

The judge noted that that grandfather had not spent time with the children for 18 months (contact limited), the 11 year old child objected to spending time with the grandfather (child’s wishes), and no evidence was presented about the relationship between the children and the grandfather.  The judge dismissed the application by the grandfather.