Kane and Anor and Pallan

In the matter of Kane and Anor and Pallan, heard before Judge Coker, the dispute concerned the parental responsibility and living arrangements for two children, X and Y. The orders made by the court addressed the complex arrangements for the children's care, welfare, and development, involving the maternal grandmother, the mother, and the father.

The court was required to determine the appropriate allocation of sole parental responsibility for the major long-term decisions concerning the children's care, welfare, and development. Additionally, the court needed to establish the day-to-day care arrangements for the children, including specific provisions for time spent with each parent and the maternal grandmother, as well as communication protocols and dispute resolution mechanisms.

The court ordered that the maternal grandmother have sole parental responsibility for the major long-term decisions regarding the children's care, welfare, and development. While the parents were to be informed of any such decisions and their views considered, the ultimate decision-making power rested with the maternal grandmother. The children were ordered to live with the maternal grandmother, who was also responsible for their day-to-day care when they were with her. The mother and father were also responsible for the children's day-to-day care when the children were living with or spending time with them, respectively. The orders detailed specific, phased arrangements for the children to spend time with the father, contingent on his engagement with professional support services, and included provisions for communication, special days, and school holidays. The court also established a dispute resolution process involving family dispute resolution practitioners and prohibited the consumption of illicit substances by any responsible adult when the children were in their care.