Mercer and Friedson & Anor

In the matter of *Mercer and Friedson & Anor*, heard before Foster J, the dispute concerned the parental responsibility and living arrangements for two children. The applicant, the paternal grandmother, sought orders for sole parental responsibility and that the children live with her. Both parents had disengaged from the proceedings, despite multiple opportunities to participate. The case involved allegations of family violence and drug use, raising serious concerns about each parent's capacity to care for the children.

The court was required to determine whether it was appropriate to proceed with the final hearing on an undefended basis, given the parents' disengagement. Furthermore, the court had to consider the paramountcy of the children's best interests in determining the parenting orders, particularly in light of the concerns raised about the parents and the applicant's established care of the children.

Foster J reasoned that proceeding on an undefended basis was appropriate due to the parents' repeated failure to engage with the court process. Applying the principles of the *Family Law Act 1975* (Cth), the court found that the children's best interests were served by granting the paternal grandmother sole parental responsibility and ordering that they live with her. This decision was informed by the fact that the paternal grandmother had provided primary care for the children for nearly two years without any concerns regarding her capacity to do so, while significant concerns existed regarding the parents' ability to provide adequate care.

The court ordered that the paternal grandmother, Ms Mercer, have sole parental responsibility for the children and that they live with her. The children were to spend time with the mother as agreed in writing between the mother and the paternal grandmother, subject to reasonable conditions imposed by the paternal grandmother for the welfare and safety of the children.