KMA and SAN and Anor

This matter concerned applications by the mother, KMA, and the father, SAN, and the paternal grandmother, Ms N, regarding the parenting arrangements for their two children, E and N. The dispute involved complex issues surrounding the children's living arrangements, time spent with each parent and the paternal grandmother, and communication and travel restrictions.

The court was required to determine the extent of shared parental responsibility between the father and paternal grandmother, establish the primary residence of the children, and set out detailed provisions for the time the children would spend with the mother. Further issues included the conditions under which the mother could spend time with the children in Australia, communication protocols, and restrictions on removing the children from Australia. The court also considered orders relating to the father's conduct, including prohibitions on alcohol and substance use, physical discipline, and proximity to the paternal grandmother's home during changeovers.

Justice Ryan made extensive orders aimed at providing stability for the children while facilitating a relationship with their mother. Equal shared parental responsibility was ordered between the father and paternal grandmother. The children were to live with the father from December 2009, with specific provisions for time spent with the paternal grandmother. The mother's time with the children was to occur during school holidays and on weekends during school terms, with strict conditions regarding notice, travel, and communication. The court also imposed significant restraints, including preventing the removal of the children from Australia and placing their names on an Airport Watch List. Orders were made to prevent negative commentary about the other parent and to ensure the mother received school reports. The father was also ordered to attend a parenting course and was restrained from consuming alcohol beyond the legal driving limit or ingesting prohibited substances when the children were in his care, as well as from physically disciplining the children.