Masters and Anor and Heresford and Ors

This case concerned parenting orders for three children, J, D, and R. The applicants were the maternal grandfather and Ms March, seeking orders for the children to spend time with them. The respondents were Mr Heresford (the father of J and D) and Ms Konrad (the maternal grandmother and mother of R). The court was required to determine the best interests of the children in light of their respective circumstances, including their relationships with their parents and other significant adults, their emotional and behavioural states, and the capacity of the parties to provide care.

Justice Mullane considered the paramountcy of the children's best interests under section 60CA of the *Family Law Act 1975* (Cth), and the primary and additional considerations outlined in section 60CC. The court had regard to the report of a single expert, Dr W, a Consultant Child Psychiatrist, who provided an assessment of the children and the parties involved. Dr W's report detailed the emotional and behavioural states of J, D, and R, noting J's relative stability, D's developmental and behavioural difficulties, and R's strong will and socialisation with some insecurity towards her grandmother. The report also assessed the relationships between the children and their parents and other significant adults, the benefit of meaningful relationships with both parents, and the willingness and ability of each party to facilitate such relationships.

The court's reasoning focused on ensuring the children's stability and well-being, particularly given their disrupted early lives. Orders were made discharging previous arrangements and establishing new living and spending time arrangements. J and D were to live with their father, Mr Heresford, who was granted sole parental responsibility for long-term decisions. R was to live with her maternal grandmother, Ms Konrad, who was granted sole parental responsibility for long-term decisions. Specific provisions were made for the children to spend time with and communicate with their maternal grandmother, paternal grandfather, Ms March, and R's father, Mr Kaleb, with detailed arrangements for holidays and birthdays. The court also imposed orders regarding communication, information sharing, fostering relationships, and prohibitions on alcohol and drug use by parties during periods of care. Further orders addressed the completion of parenting courses, restraints on denigrating other parties, and the incorporation of a document outlining obligations and consequences of contravention.