Lukao and Feizhou and Anor

The Family Court of Australia considered parenting orders concerning two very young children, R (born 2010) and C (born 2012). The proceedings involved the father, Mr Lukao (applicant), the mother, Ms Feizhou (respondent), and the maternal grandmother, Ms Lau (intervener). All parties sought orders for the children to live with them. The court was required to determine interim parenting arrangements that would best meet the children's emotional needs pending a final determination of their care.

The primary legal issues before the court were to determine with whom the children should live on an interim basis, and to establish a framework for the children to spend time with their parents and grandmother. The court also had to consider the significant travel history of the children between Australia and China, the extensive care provided by the maternal grandmother throughout their lives, and the lack of expert evidence regarding the relationships between the children and each of their parents. Furthermore, the court needed to address concerns raised about the mother's mental health and the father's decision-making regarding the children's care.

In reaching its decision, the court applied the principles of the *Family Law Act 1975* (Cth), particularly focusing on the best interests of the children under section 60CC. Given the children's young age, their expressed views were not given weight. The court noted that the maternal grandmother had been the most consistent carer for the children throughout their lives, leading to the inference that their primary attachment was likely to her. The court also considered the parents' past decisions regarding the children's care and the potential impact of further changes. The court ordered that the children live with their maternal grandmother until further order, with specific provisions for the father to spend time with them on weekdays and for the mother to have supervised time. The court also ordered the preparation of a Family Report by a single expert to assist in determining final parenting arrangements.