Martin and Nanon

In the matter of Martin and Nanon, heard before Cronin J of the Family Court of Australia, the proceedings concerned an application to vary existing orders relating to the attendance of the maternal grandmother during specified periods. The court was tasked with determining the precise nature and extent of the maternal grandmother's involvement in the children's lives as stipulated in prior orders.

The central legal issue before the court was how to best ensure the maternal grandmother's "substantial attendance" throughout the periods outlined in the existing orders. This required the court to interpret the meaning of "substantial attendance" in the context of family law proceedings and to make practical directions to give effect to this requirement.

Cronin J varied the previous orders to clarify that the maternal grandmother was to be in substantial attendance throughout the periods of time referred to in the orders. The court then issued a series of procedural directions aimed at preparing the matter for a final hearing. These directions included requirements for the applicant and respondent to file amended applications and responses, evidence in chief, and for the Independent Children’s Lawyer to file any relied-upon affidavit material. Furthermore, the court directed the parties and children to attend upon a family consultant for the preparation of a family report, with specific timelines for its completion. The court also made provisions for the issuance of subpoenas and for parties to approach the registrar to vary obligations under the orders, while also outlining consequences for non-compliance.