MATHERS & MATHERS

In the Family Court of Australia, Dawe J considered a dispute concerning the parental responsibility and living arrangements for two children, C and L. The proceedings involved the father and another party, identified as the maternal grandmother, who had made an initiating application. The mother was not present at the proceedings.

The court was required to determine the best interests of the children in relation to final orders made by consent between the father and the maternal grandmother. Specifically, the court had to consider orders for the children to live with the father and spend time with the maternal grandmother, as well as the father having sole parental responsibility. A key issue was that the orders for sole parental responsibility were not sought in the applications before the court.

Dawe J made final orders by consent of the father and the maternal grandmother. The children were ordered to live with the father and spend time with the maternal grandmother on specified weekends. The maternal grandmother's initiating application was dismissed. Crucially, the father was granted sole parental responsibility for the children, however, the mother was given leave to apply to the court in relation to this specific order within 28 days of being served with the order. The Independent Children's Lawyer was discharged, and all matters were removed from the pending list.