Family Court of Australia Carter and Nussbaum & Ors

This matter concerned parenting orders for three children, T, X, and C Nussbaum, before Benjamin J of the Family Court of Australia. The dispute involved the mother and the children's paternal grandparents and father regarding the children's living arrangements, parental responsibility, and time spent with each party.

The court was required to determine the appropriate parenting orders for the children, specifically addressing the allocation of parental responsibility, the children's primary residence, the extent of time the children would spend with their mother, and the conditions under which major long-term decisions could be made by the paternal grandparents and father. Further issues included the relocation of the children, their involvement in extracurricular activities, communication with healthcare and educational professionals, and the prohibition of contact with a specific individual.

Benjamin J discharged all prior parenting orders and made new orders that vested primary parental responsibility for the children with the paternal grandparents and the father. However, the exercise of major long-term aspects of parental responsibility by the paternal grandparents and father was made conditional upon informing the mother in writing of proposed decisions, seeking her views, considering those views in light of the children's best interests, and promptly advising her of any final decisions. The court also stipulated that the children would live with the paternal grandmother and grandfather, and detailed specific arrangements for the children to spend time and communicate with their mother, including provisions for school holidays and special occasions. The mother retained responsibility for conferring with the children's health and education professionals.

The court ordered that the paternal grandparents and father shall not relocate the children's permanent residence more than thirty kilometres from their current address or change their names without the mother's written consent or a further court order. Provisions were also made for the children to attend extracurricular activities, with the paternal grandparents having the ultimate decision-making power after engaging with the mother and potentially attending a Family Relationships Centre. The parties were ordered to maintain communication regarding addresses and contact details, and were restrained from denigrating each other in the presence of the children. The court also made orders regarding the children's paediatrician and, by consent, restrained the parties from bringing the children into contact with Mr D. All other extant applications were dismissed.