Christie and Holden

The Family Court of Australia considered competing applications by the maternal grandmother, Ms Christie, and the paternal grandmother, Ms Holden, concerning the living arrangements and time spent with two young children, E and J, who both suffer from Foetal Alcohol Syndrome Disorder. The proceedings were initiated by the children's father but evolved to focus on the grandmothers as the active parties. The paternal grandmother sought to maintain the status quo where the children lived with her, while the maternal grandmother sought for the children to live with her.

The court was required to determine with whom the children should live, the extent of time they should spend with the non-resident grandmother, and the allocation of parental responsibility for major long-term issues and cultural education. Key considerations included the children's specific needs due to their diagnosed condition, the history of care provided by each grandmother, and any risks associated with the proposed arrangements, particularly concerning family violence. The court also had to address previous difficulties with travel and communication between the parties.

The court's reasoning focused on the best interests of the children, as mandated by the *Family Law Act 1975* (Cth). It found that there was a real risk of the children being exposed to family violence in the paternal grandmother's care. Consequently, the court ordered that the children live with the maternal grandmother. The paternal grandmother was granted time with the children during school holidays, with specific arrangements detailed for alternating periods. The maternal grandmother was awarded sole parental responsibility for major long-term issues, while each grandmother was given sole responsibility for the children's cultural education while they were in their respective care.

The court made orders for the children to live with the maternal grandmother, Ms Christie, and to spend time with the paternal grandmother, Ms Holden, during school holidays according to a detailed schedule. Ms Christie was granted sole parental responsibility for the children's major long-term issues. Both grandmothers were ordered to have sole responsibility for the children's cultural education whilst in their care. The Independent Children's Lawyer was discharged, and all other outstanding applications were dismissed.