Brecht and James (No. 2)

The case of *Brecht and James (No. 2)* concerned an application by the maternal grandfather for orders regarding spending time with and communication with his grandchildren, aged seven and eight, and for their relocation back to the Sunraysia region in Victoria. The children resided with their father in Adelaide, having relocated from Sunraysia in January 2011 following the death of their mother. The father also raised concerns about the impact of any relocation on the children's half-sister, aged thirteen. The proceedings were heard by Thornton J.

The court was required to determine the best interests of the children, specifically considering whether spending time with the maternal grandfather and their half-sister posed a risk of harm. Further issues included the father's capacity to facilitate time between the children and the maternal grandfather, and the overall arrangements for the children's living situation and contact with their maternal grandfather. The court also had to consider the relevant provisions of the *Family Law Act 1975* (Cth), including sections 60B, 60CC, 60CD, and 65D, as well as the *Evidence Act 1995* (Cth) and the *Access to Justice (Federal Jurisdiction) Amendment Act 2012* (Cth).

Thornton J ordered that the children remain living with their father in Adelaide. Existing parenting orders were discharged, and the father was granted sole parental responsibility. The court made detailed orders for the children to spend time with the maternal grandfather, specifying arrangements for contact in both Town X and Adelaide, including during school terms and holidays. Provisions were also made for telephone and Skype communication between the children and the maternal grandfather, and reciprocal communication rights for the father during periods of contact. The court also ordered the father and maternal grandfather to attend counselling together to improve their communication and understanding, sharing the costs equally. Injunctions were granted restraining both parties from denigrating each other in the presence of the children.