Harty & Chilton

This case involved applications by the maternal grandmother and maternal aunt for parenting orders concerning three children. The proceedings were undefended, with the father consenting to the orders sought by the applicants. The mother, who had not engaged in the proceedings for some time, appeared by phone and was informed that the proposed orders allowed for agreed time with the children, and that she could apply to the court if such agreement was unreasonably withheld. The court noted the mother's assertion of changed circumstances, including completing a rehabilitation program and ceasing engagement with the Department of Communities and Justice, and her current residence in F Town.

The court was required to determine the best interests of the children in circumstances where non-parents were seeking parental responsibility. Specifically, the court needed to consider the appropriate living arrangements for the children, the extent of time they should spend with their parents, and whether the maternal grandmother and aunt should be permitted to obtain passports and travel internationally with the children. The court also had to consider authorising the maternal grandmother and aunt to register the births of two of the children and to obtain birth certificates for all three.

Applying the principles of the *Family Law Act 1975* (Cth), the court made orders for the maternal grandmother and maternal aunt to have equal shared parental responsibility for the children. The eldest child was ordered to live with the maternal grandmother, and the younger children were also to live with the maternal grandmother. The court made specific orders for the younger children to spend defined time with the father, and for the eldest child to spend time with the father as agreed between the father and the maternal grandmother and aunt. The children were to spend time with the mother as agreed between the mother and the maternal grandmother and aunt, with conditions including potential drug testing and supervision. The maternal grandmother and aunt were authorised to obtain passports for the children and travel internationally with them, and to apply for the children's birth certificates and registration for the two younger children. The court also made orders regarding communication with schools and medical professionals, notification of emergencies, and prohibitions against denigration.