Blount & Spears and Anor

This matter concerned parenting orders for three children, T, A, and S, born in 1999, 2001, and 2002 respectively. The proceedings were brought by Ms Blount (the Applicant mother) against Mr Spears (the Respondent father), with Mrs Spears (the paternal grandmother) intervening. The dispute centred on the living arrangements and time spent with the children following the parents' separation in 2002.

The primary legal issues before the Court were to determine the best interests of the children, considering the objects and principles of Part VII of the *Family Law Act 1975* (Cth), including the presumption of equal shared parental responsibility and the requirement to consider whether equal or substantial and significant time with each parent was reasonably practicable and in the children's best interests. The Court also had to consider the significant role of the paternal grandmother, who had intervened in the proceedings and sought specific orders regarding her contact with the children.

Steele J found that while the parties agreed on equal shared parental responsibility, the mother's involvement in the children's lives had not been as significant as she asserted, particularly concerning their health and medical needs. The Court noted concerns about the mother's veracity and her capacity to cope with the children, especially given her current pregnancy. The father, while devoted to the children, was seen to have some reservations about his mother's involvement, potentially to maintain his own autonomy. The Court ultimately determined that the orders proposed by the paternal grandmother and supported by the Independent Children's Lawyer, and largely by the father, provided the best solution for the children's security and stability, acknowledging that the proposed time with the mother did not constitute "substantial and significant time" but was the most practicable arrangement given the circumstances.

The Court ordered the discharge of all existing parenting orders and established equal shared parental responsibility. The children were ordered to live with the father, with specific, detailed arrangements for the children to live with the mother during school terms and holidays, and for regular time with the paternal grandmother. Further orders were made concerning medical treatment, school notifications, and counselling for child A. The Independent Children's Lawyer's application for costs was dismissed.