Lidcombe and Gray and Anor

The matter of *Lidcombe and Gray* concerned an application by the paternal grandparents, Mr and Ms Lidcombe, for orders regarding time with their grandchildren, X and Y. The proceedings were before Judge Dunkley in the Family Court of Australia. The dispute centred on the extent to which the children should spend time with their paternal grandparents, particularly in relation to existing parenting orders.

The primary legal issue before the court was whether to vary the existing parenting orders to allow for increased time between the children and their paternal grandparents. This involved considering the best interests of the children and the practicalities of implementing such arrangements, including notice periods and the frequency of grandparent time within school holidays. The court also had to determine the consequences of contravening any new orders made.

Judge Dunkley reasoned that a compromise was appropriate, allowing for a limited increase in time spent with the paternal grandparents. The court ordered that the children spend two seven-day periods with the paternal grandparents during school holidays, provided that no more than one such period occurred in any single school holiday. Crucially, these periods were to be agreed upon by the father and paternal grandparents, with the mother to be given at least 21 days' written notice of the dates. The court also stipulated that these periods would not be subject to a specific existing order (Order 17) and that particulars of obligations and consequences of contravention would be included in the orders, pursuant to s 65DA(2) of the *Family Law Act 1975*.

The court further ordered that all other extant applications in the proceedings be dismissed. In relation to costs, the paternal grandparents were ordered to pay the mother's costs, fixed at $8,509, within 28 days of the date of the orders.