Carson and Kincaid and Anor

In the matter of *Carson and Kincaid and Anor*, Cronin J of the Family Court of Australia considered a dispute concerning the parenting arrangements for two children, J and E. The proceedings involved Ms Carson, Ms Kincaid, and Mr Kincaid, with the court ultimately making orders regarding the children's living arrangements, parental responsibility, and contact with a third party.

The central legal issues before the court were the determination of the children's primary residence, the allocation of equal shared parental responsibility for major long-term decisions, and the extent of contact permitted between the children and Ms Carson. The court was also required to consider the role of the grandmother in the children's lives and the discharge of the Independent Children's Lawyer.

Cronin J ordered that the children live with Ms Kincaid and that both Ms Kincaid and Mr Kincaid have equal shared parental responsibility for major long-term decisions. Mr Kincaid was to spend time with the children by agreement with the grandmother. Crucially, Ms Carson was restrained by injunction from having contact with the children, except by agreement with the grandmother or by further court order. The court dismissed the mother's application filed on 20 June 2012 and all other extant applications, and discharged the Independent Children's Lawyer. The reasons for judgment were to be transcribed and made available to the parties.