Sheldon & Abraham & Ors 2013 FCCA

There was a dispute between a grandparent of a girl aged 3 years after her mother died of a heart attack and the father was involved in criminal charges.  The child lived with the paternal grandparents and had supervised access with the maternal grandmother.  The maternal grandmother asked that supervision cease but the paternal grandparents and father asked for ongoing supervision stating that the maternal grandmother’s life experiences, family values and negative character offered nothing that would benefit the child.  No actual evidence was presented that the child was at risk in the care of the maternal grandmother (burden of proof).

The judge ordered that the maternal grandmother visit the child in a park without supervision until a hearing occurred.