The paternal grandmother (applicant) sought a contact order with her 6-year-old grand-daughter.
The mother (respondent N.J.) opposed this and sought a restraining order against the paternal grandmother.
The father (respondent T.S.) was in default.
The court applied the two-part test for grandparent contact, determining that a positive relationship did not exist at the time contact was terminated, and the mother's decision to deny contact was not arbitrary.
This was based on significant safety concerns in the paternal grandmother's home and community, her problematic parenting history, and a clear power imbalance and lack of trust between the parties.
The court dismissed both the paternal grandmother's claim for contact and the mother's claim for a restraining order, finding no sufficient grounds for the latter.