Carlyle and Carlyle & Ors

In *Carlyle and Carlyle & Ors*, heard by Cleary J, the proceedings concerned the living arrangements and parental responsibility for two children, C and D. The dispute arose in circumstances where the children were living with their maternal grandmother, with agreed time spent with their mother. Crucially, there were no existing orders for time or communication with either of the children's fathers. The proceedings were complicated by the non-engagement of the mother and one of the fathers, and the incarceration of the other father.

The court was required to determine the paramount issue of the children's safety and wellbeing, considering significant risk factors present in the homes of both the mother and the respective fathers. These risks included exposure to domestic violence by the mother, an apprehended domestic violence order protecting one child from a parent, and a father's guilty plea to sexually assaulting one of the children. The court also had to consider the children's ability to thrive in the care of the maternal grandmother, who was identified as a protective person.

Cleary J reasoned that the imperative to ensure the children's safety superseded any consideration of maintaining a meaningful relationship with their parents. The court found that the children were safe and well cared for by the maternal grandmother, and that she was a suitable person to have sole parental responsibility. The legal principles applied centred on the best interests of the children, with a strong emphasis on protection from harm.

Consequently, the court made ex-tempore orders discharging all prior orders. The maternal grandmother was granted sole parental responsibility for both children, to the exclusion of their mother and both fathers. The children were ordered to live with the maternal grandmother, with any time spent with the mother to be at the maternal grandmother's sole discretion and agreed in writing. No time was to be spent with either father. The Independent Children's Lawyer was directed to provide the orders to the children's schools and was then discharged. All outstanding applications were dismissed.