Best and Brown

This case concerned a dispute between a maternal grandmother and the father of two children, a daughter born in 1998 and a son born in 2000, following the death of their mother in 2001. The proceedings were initiated by the maternal grandmother in the Local Court in 2004 and subsequently transferred to the Family Court of Australia. The core of the dispute revolved around the arrangements for the children to spend time with their grandmother and their mother's extended family, with significant acrimony and disagreement between the parties over many years.

The court was required to determine the best interests of the children in relation to their time spent with their maternal grandmother. This involved considering the benefit of maintaining a meaningful relationship with their maternal family, the need to protect the children from psychological harm arising from ongoing conflict, the children's own views and wishes, the nature of their relationships with both their father and grandmother, and the capacity of each party to meet the children's needs. The court also had to consider the likely effect of any changes to the children's circumstances and the practicalities of implementing any proposed arrangements.

Justice Moore applied the principles of the *Family Law Act 1975* (Cth), particularly section 60CA regarding the paramountcy of the child's best interests, and sections 60B and 60CC outlining the objects and considerations for determining these interests. The court considered expert evidence from a child and family psychiatrist, Dr W, who noted the children felt a conflict of loyalty between their families and that the acrimony could adversely affect their mental health. While Dr W's specific recommendations were not fully adopted, his assessment of the children's desire to maintain contact with their maternal family and their positive relationships with their grandmother and cousins was accepted. The court found that establishing circumstances for a meaningful relationship with the maternal family was important for the children's benefit, while also acknowledging the importance of their security within their father's home and the recent improvement in relations between the parties.

The court ultimately made orders by consent regarding various aspects of the children's arrangements with their maternal grandmother, including specific provisions for time spent together during school terms and holidays, communication, and parental conduct. The court's own determination for the children's time with their grandmother involved a compromise between the proposals of the father and the grandmother, aiming for a balanced approach that included monthly overnight visits during school terms and extended periods during school holidays. The orders also included restraints on denigrating the other party and provisions for notification of medical treatment.