Karl & Karl

The matter of *Karl & Karl* concerned an application before Foster J in the Family Court of Australia. The applicant, who was not a parent of the children, sought orders for parental responsibility and for the children to live with them. The hearing proceeded on an undefended basis, meaning the respondent parents did not participate or contest the application.

The court was required to determine the best interests of the children in circumstances where a non-parent was seeking sole parental responsibility. This involved considering the applicable legal principles governing child welfare and parental responsibility, particularly when a parent is not seeking to retain that responsibility. Additionally, the court considered the appropriateness of making injunctive orders to protect the children and the applicant.

Foster J applied the paramount principle that the best interests of the child are the sole consideration. Having determined that the matter could appropriately proceed on an undefended basis, the court made orders granting the maternal grandmother sole parental responsibility for the children. The children were ordered to live with the maternal grandmother, with provisions for them to spend time with the mother and father as agreed between them and the maternal grandmother. Furthermore, injunctive orders were made restraining the mother and father from removing the children from the maternal grandmother's care, from attending the children's places of education or residence, and limiting their contact with the maternal grandmother and children to arrangements for time spent with the children. An additional order restrained the mother from bringing the children into contact with her current partner.