Randell and Randell and Anor

In the Family Court of Australia, Judge A Kelly considered a parenting proceeding concerning three children. The dispute involved the eldest child, who was seventeen years old and estranged from her biological parents, the first and second respondents. The applicant, who was the parent of the youngest child, sought sole parental responsibility for the eldest child, while the respondents were the parents of the two elder children.

The central legal issue before the court was whether parental responsibility for the eldest child should be shared between the parents or whether the applicant should be granted sole parental responsibility. This determination required the court to consider the best interests of the child, particularly in light of a history of dysfunction affecting the children and the need to protect them from harm. The court also had to consider contested intervention order proceedings between the eldest child and her parents, and the eldest child's expressed wish to live with the applicant.

The court found that the presumption that equal shared parental responsibility is in a child's best interests was rebutted in this case. This conclusion was informed by family and psychiatric reports, as well as the specific circumstances of the eldest child's estrangement and the ongoing conflict between her and her parents. The court ultimately ordered that the applicant have sole parental responsibility for the eldest child, subject to conditions designed to ensure the parents are advised of and afforded an opportunity to provide input on decisions concerning the child's education and health. The applicant is required to invite written responses within 14 days, consider any input received, and then advise the parents in writing of the ultimate decision within 7 days.