Lendar and Anor and Mines and Anor

In the matter of Lendar and Anor and Mines and Anor, Stevenson J of the Family Court of Australia made orders concerning the living arrangements and time spent between the children, L and M, and their mother, Ms Mines, and their maternal grandmother and step-grandfather, Mrs and Mr Lendar. The dispute centred on the appropriate arrangements for the children, particularly in light of the conflicted relationship between the mother and the maternal grandparents, and the potential benefits and detriments to the children of increased or decreased contact with their maternal grandparents.

The court was required to determine the best interests of the children, L and M, in accordance with the principles of the *Family Law Act 1975* (Cth), specifically considering the likely effect of any changes in the children's circumstances, the practical difficulties and expense of spending time with a parent, and the capacity of each person involved to provide for the children's needs. The court also had to consider the potential for adult conflict and the importance of maintaining relationships with the children's fathers and siblings.

Stevenson J reasoned that while the relationship between the mother and the maternal grandparents was conflicted, the children, particularly L, would benefit from a resumption of a regular relationship with them. The court noted that L had missed his step-grandfather and that both children could gain security from the grandmother's household and build relationships with their maternal uncles. The court found no practical difficulties in arranging the children's time with the maternal grandparents, as the mother and grandmother had successfully managed interim arrangements. The court also considered the importance of the children's emotional and intellectual needs being met by all parties.

The court ordered that the children live with the mother and spend time with the maternal grandmother and step-grandfather, with the duration and nature of this time to progressively increase over a two-year period. The step-grandfather's time with the children was to be supervised by the maternal grandmother for the first 12 months. The mother was also directed to facilitate communication between the children's schools and the grandparents, and to ensure the child L met with the Independent Children's Lawyer. The orders also included provisions regarding the consequences of contravention and assistance for parties.