Bouras and Bouras and Anor (No. 2)

This matter concerned applications for parenting orders brought by Ms E Bouras (the applicant) concerning her younger sister, M. The respondents were M's mother, Mrs C Bouras, and M's father, Mr Bouras. The applicant sought orders that M live with her, while the mother initially sought M to live with her, and the father sought M to live with him, though he later supported the applicant's application if his own failed. The proceedings were heard in the Family Court of Australia.

The court was required to determine the parenting arrangements for M, specifically where she would live and the nature of her time with each parent and her sister, Ms E Bouras. The court also had to consider the allocation of parental responsibility and address various ancillary matters, including the return of exhibits and documents, the enrolment of M at a particular college, the provision of educational information, attendance at school functions, the lodging of M's passport, and injunctive relief to prevent parties from being within a certain distance of each other's residences. The court was also tasked with considering the best interests of M, as mandated by section 60CA of the *Family Law Act 1975* (Cth), and applying the primary and additional considerations outlined in section 60CC of the Act.

Justice Carter made orders by consent of all parties, discharging previous orders and establishing new living arrangements for M. M was to live with her sister, Ms E Bouras, and all three – M's father, mother, and Ms E Bouras – were to share parental responsibility for M. The orders detailed specific arrangements for M's time with her mother, including during school terms, holidays, and significant dates, with certain conditions attached to the mother's time with M. The court also made orders regarding M's communication with her mother and sister, M's enrolment at L College, the sharing of educational information, attendance at school functions, the lodging of M's passport with the court, and mutual restraining orders preventing parties from being within 200 metres of each other's residences, except for changeovers. The court further ordered that parties refrain from denigrating each other in M's presence and to keep each other informed of M's medical appointments. The Independent Children's Lawyer was discharged, and Ms E Bouras was to facilitate counselling for M as required. All other applications were dismissed, and the matter was removed from the court's list.