Bates & Bates and Ors (No. 3)

In *Bates & Bates and Ors (No. 3)*, Dawe J of the Family Court of Australia considered applications concerning the living arrangements and parental responsibility for a child. The proceedings involved the child's mother, maternal grandparents, and the child's adult sister, Ms Lowe. The father had previously discontinued his proceedings. The central dispute revolved around where the child should live, with whom he should spend time, and who should hold parental responsibility, particularly in light of the mother's and maternal grandparents' health issues and the mother's acceptance of her inability to provide proper parenting.

The court was required to determine several key legal issues. These included whether the child should live with his sister, Ms Lowe, and whether she should be granted sole parental responsibility. The court also had to consider the extent to which the child should spend time and communicate with his mother and maternal grandparents, taking into account the child's wishes, the potential difficulties and expenses involved, and the capacity of the mother and grandparents to meet the child's needs. Furthermore, the court addressed the mother's application for an injunction to prevent the child's residence from being moved out of South Australia, considering the potential interstate work requirements of Ms Lowe's husband.

Dawe J reasoned that, in the best interests of the child, it was appropriate for him to live with his sister, Ms Lowe, who was granted sole parental responsibility. The court acknowledged the mother's health concerns and her acceptance of her inability to provide adequate care. Regarding time spent with the mother and maternal grandparents, the court determined that the child should spend time and communicate with them as he wished, with Ms Lowe facilitating these arrangements. The court declined to grant an injunction preventing the child's relocation from South Australia, deeming it not to be in the child's best interests. Instead, Ms Lowe was ordered to provide the mother with written notice of any intention to move the child's residence outside of South Australia. The court also made orders for ongoing communication and information sharing between Ms Lowe and the mother regarding the child's welfare, including addresses, telephone numbers, school details, and notification of serious accidents or illnesses.