Little & Caldwell & Ors

In the Family Court of Australia, Austin J considered proceedings concerning six children, U, V, W, X, Y, and Z. The dispute involved the maternal grandmother, the mother, and the Independent Children’s Lawyer on one side, and the respondent fathers on the other. The court was asked to determine the future living arrangements and parental responsibility for the children, as well as a change of surname.

The primary legal issues before the court were whether it was appropriate to proceed with the determination of the proceedings in the absence of the second, third, and fourth respondents, and if so, what orders should be made regarding parental responsibility, the children's living arrangements, and their surname, in light of the children's best interests. The court also considered the applicability of the presumption of equal shared parental responsibility.

Austin J found that the presumption of equal shared parental responsibility did not apply due to past family violence and the respondents' disinterest in the proceedings. The court noted that the children had been living with the maternal grandmother for some time and required protection from harm they might suffer in the mother's care due to exposure to family violence. While acknowledging the children's meaningful relationships with the mother, the court found they did not have meaningful relationships with the respondent fathers. The court also agreed with the mother and maternal grandmother, supported by the Independent Children’s Lawyer, that the children's surnames should be changed to match the mother's.

Consequently, the court ordered that the maternal grandmother have sole parental responsibility for the children, and that the children live with her. The maternal grandmother was empowered to determine if, when, and how the children spend time and communicate with the mother and the respondent fathers. Injunctions were granted restraining the respondent fathers from approaching or attending at the maternal grandmother's home or the children's school. The court further ordered that the children's surname be changed to "Caldwell".