Grindle and Grindle

In *Grindle and Grindle*, the Family Court of Australia was required to determine interim parenting and financial orders following the fresh and raw separation of the parties. The dispute concerned the welfare of the parties' two young sons, F and T, and involved allegations of marital discord, the wife's mental health struggles including a depressive episode and self-harming behaviour, and an extramarital affair. Outstanding financial issues also remained unresolved.

The court was tasked with determining appropriate interim living arrangements for the children, including the allocation of parental responsibility for major long-term decisions and the daily care schedule. A key legal issue was how to balance the legislative intent favouring substantial involvement of both parents with the paramount consideration of the children's best interests, particularly in light of the wife's recent psychiatric hospitalisation and the contentious circumstances of the separation. The court also needed to consider the impact of these factors on the children's adjustment and welfare.

Cronin J adopted a cautious approach, acknowledging the limited information available in the duty list environment. The court declined to apply the presumption of equal shared parental responsibility under s 61DA(3) of the *Family Law Act 1975* (Cth) due to contested issues of family violence and concerns about the wife's health stability, instead focusing on the factors outlined in s 60CC. The reasoning involved assessing the meaningful relationships the children had with each parent and their grandparents, the parents' willingness to facilitate a relationship with the other parent, and the potential effects of changes in the children's circumstances. The court ordered that the children live with the wife, with specific alternating periods with the husband, and that both parents retain responsibility for major long-term decisions. The wife was also ordered to undergo a psychiatric examination by a single expert.

The court made interim orders for the children's living arrangements, including a detailed schedule of alternating weekends and weekdays with each parent, and that the children live with the wife until further order, subject to her continued residence with her parents. The husband and wife were to remain responsible for major long-term decisions relating to the children. The court also ordered a psychiatric examination of the wife and adjourned further hearings for outstanding financial and children's issues, encouraging the parties to consider appointing a forensic psychologist for a family report.