Fisher & Davis

In *Fisher & Davis*, Hannam J of the Family Court of Australia considered an application by grandparents for interim parenting orders concerning their grandchildren. The parents' marriage remained intact, and the dispute arose from the grandparents' desire to have regular contact with the children.

The central legal issue before the court was whether it had jurisdiction to make interim parenting orders in favour of grandparents when the parents were married and living together, and there was no existing court order in place. The court also had to determine the threshold for granting interim orders in such circumstances, considering the best interests of the children.

Hannam J reasoned that the *Family Law Act 1975* (Cth) grants the court broad jurisdiction to make orders concerning children, including those sought by non-parents. The judge applied the principles established in cases concerning the best interests of the child, emphasising that while parental rights are paramount, the court must consider the welfare of the child as the primary consideration. The court found that the grandparents had an arguable case for seeking orders, and that it was in the children's best interests to maintain a relationship with their grandparents, particularly given the history of contact.

The court made interim orders for supervised contact between the grandparents and the children, pending a final hearing.