Kardamov and Kardamov and Anor

In the matter of *Kardamov and Kardamov and Anor*, Flohm J of the Family Court of Australia considered parenting orders concerning two children, S and J. The proceedings involved the mother, the father, and the maternal grandmother. The dispute centred on the arrangements for the children's living situation, parental responsibility, and the grandmother's involvement.

The court was required to determine the best interests of the children as the paramount consideration, in accordance with section 60CA of the *Family Law Act 1975*. This involved considering the primary considerations outlined in section 60CC(2), namely the benefit of a meaningful relationship with both parents and the need to protect the children from harm. Additionally, the court had to assess the additional considerations under section 60CC(3), which include the children's views, their relationships with parents and other persons, the parents' ability to facilitate relationships, the likely effect of changes in circumstances, the practicalities of spending time and communicating, the capacity of parents and others to provide for the children's needs, and any other relevant facts or circumstances.

Flohm J's reasoning focused on applying the statutory framework for determining parenting orders. The court vacated all previous parenting orders and made new orders that the children were to live with both the mother and the father, who would share daily care and responsibility for major long-term decisions. The maternal grandmother was granted specific, limited time with the children, to be agreed upon by the parents and grandmother, and was permitted to communicate via letter or card, subject to parental assessment. Crucially, the grandmother was prohibited from filing further applications for parenting orders without prior leave of the court, and her application for costs was dismissed. The court also ordered that particulars of obligations and consequences of contravention be set out in a fact sheet attached to the orders.