Oaks and Shields and Anor

In *Oaks and Shields and Anor*, Loughnan J of the Federal Circuit Court of Australia made orders concerning the residence and time spent with three children, B, C, and D. The proceedings involved the parents of the children and the maternal grandmother, with the court also making provisions for the representation of the children by an Independent Children’s Lawyer. The dispute centred on the living arrangements for the children and their time with their father.

The court was required to determine the interim living arrangements for the children, the specific terms of the children's time with their father, and the arrangements for the children's attendance at school. Additionally, the court considered the role of the maternal grandmother in the children's lives and the need for professional assessment and reporting. The court also addressed the issue of subpoenas and the provision of documents to Legal Aid NSW and the Independent Children’s Lawyer.

Loughnan J applied principles of the *Family Law Act 1975* (Cth), particularly sections 62B and 65DA(2), in making orders for the children's best interests. The court ordered that the children reside with their maternal grandmother until further order, while also establishing a detailed schedule for the children to spend time with their father. The court also made orders for the children to attend their current school and for the maternal grandmother to be restrained from arranging counselling for the children without parental consent. By consent, the parties were to attend upon Ms F of G Group for a preliminary report, with the paternal grandfather agreeing to meet certain costs associated with this assessment. The court also noted that while the parents' application was for the children to live mainly with the father, the interim residence order with the maternal grandmother was made in accordance with an agreement reached between the parties regarding the father's time with the children.