Brealey and Morten and Anor (No 2)

In *Brealey and Morten and Anor (No 2)*, Dawe J of the Federal Circuit Court of Australia considered an application concerning the welfare and care of two children, T and E. The applicant was the maternal grandmother of the children, and the proceedings involved the father of the children. The dispute centred on the living arrangements for the children and the extent of parental responsibility.

The court was required to determine the primary residence of the children, who should have parental responsibility for them, and whether the father's consent was necessary for the children to obtain Australian passports. Further issues included authorising the grandmother to make decisions regarding the children's care, including international travel, and the terms upon which the children would spend time with and communicate with their father. The court also considered the role and discharge of the Independent Children's Lawyer.

Dawe J ordered that the children live with their maternal grandmother and that she have sole parental responsibility. The grandmother was authorised to take all necessary steps for the children's care, including signing documents for Australian passports, with the father's signature being dispensed with for this purpose. The children were permitted to travel outside Australia on a cruise with their grandmother. The court stipulated that any time the children spent with and communication they had with their father would be on terms agreed with the grandmother. The Independent Children's Lawyer's appointment was discharged twenty-eight days from the date of the order, and all matters were removed from the pending list.