Dyball & Anor & Bland & Ors

This matter concerned an application for parenting orders regarding a child, N, born in 1998. The applicants, Ms Dyball and Mr Dyball, sought orders for the child to live with them. The child had lived with the applicants for a significant period, and had not spent time with the mother for a considerable duration. The relationship between the child and the mother was described as toxic and untenable. The mother did not attend the hearing.

The court was required to determine whether an agreement reached between the remaining parties – the applicants, the father, and the maternal grandmother – was in the best interests of the child. This involved considering the child's current living arrangements, the limited contact with the mother, and the proposed arrangements for time spent with the father and maternal grandmother.

Hannam J applied the principles of the *Family Law Act 1975* (Cth), particularly focusing on the paramount consideration of the child's best interests. The court noted the significant time the child had spent with the applicants and the strained relationship with the mother. The agreement reached by the father and maternal grandmother, who were actively involved in the child's life, was considered to be in the child's best interests, facilitating continued stability and relationships with significant adults.

The court made orders reflecting the agreement, granting equal shared parental responsibility to Ms Bland (maternal grandmother), Mr Tumlin (father), Ms Dyball, and Mr Dyball. The child was ordered to live with Ms Dyball and Mr Dyball. Specific arrangements were made for the child to spend time with the father and maternal grandmother, and for communication with the mother as agreed between the parties and in accordance with the child's wishes. The court also made orders restraining denigration, discussion of proceedings with the child, and physical punishment, and addressed the payment of Independent Children's Lawyer fees.