In this 2014 case a grandmother appealed against parenting orders in relation to her grandson which ordered that her grandson should live with his father rather than with her. The appeal was allowed in the specific facts of this case.
The grandson lived with either his mother or his parents until he was four when he went to live with the grandmother.
In 2009 orders were made for the child to live with the grandmother and spend time with the parents.
The child was still living with his grandmother at the time of the trial being some eight years later.
In 2013, the father filed an application for the child to live with him.
The trial judge ordered that the child live with the father.
The grandmother appealed and was successful in her appeal. One of the reasons she was successful in the appeal was that the effect on the child of being separated from his grandmother was not considered.
The matter was remitted to the Federal Circuit Court for hearing by a different Judge.
This case summary is a very general description and should not take the place of legal advice. It is information only but shows the significance of grandparents in the lives of grandchildren.