Cann and Sully and Anor

In the matter of *Cann and Sully*, Mushin J of the Family Court of Australia considered an application concerning the parenting of two children, C and E. The dispute involved the parents and the paternal grandmother, with the father being incarcerated at the time of the proceedings.

The court was required to determine the most appropriate parenting orders for C and E, considering the circumstances of the parents and the role of the paternal grandmother. Key issues included who should exercise parental responsibility, where the children should live, and the nature of their contact with their parents. The court also had to consider the welfare and best interests of the children in making its determination.

Mushin J discharged all previous parenting orders and made new orders placing C and E to live with their paternal grandmother, who was granted sole parental responsibility for all long-term and day-to-day issues concerning the children's care, welfare, and development. The children were to spend time with their mother and father according to conditions set by the paternal grandmother. The court also made orders restraining the parties from discussing the proceedings in the children's presence and from criticising each other or consuming illicit substances in the children's sight or hearing. The appointment of the Independent Children's Lawyer was discharged.