RINGWOOD & SCARLE

The Family Court of Australia considered parenting arrangements for two children, M and H, who were the subject of a dispute between their maternal grandmother, Ms Ringwood (the applicant), and their mother, Ms Scarle (the first respondent). The second respondent, Mr Arrow, the children's father, played no active role in the proceedings. The children had resided with their maternal grandmother for approximately eight years. Allegations of sexual abuse had been raised against the grandmother's ex-husband, Mr Z, and the grandmother had previously contravened court orders designed to facilitate the mother's time with the children.

The court was required to determine with whom the children should live and the nature and extent of the time the children should spend with each parent, always with the paramount consideration being the best interests of the children. Key issues included assessing the risk of harm to the children, particularly in relation to Mr Z, and evaluating the capacity of each party to meet the children's needs and promote their welfare and development. The court also had to consider the children's established living arrangements and their benefit from a meaningful relationship with their mother.

Stevenson J reasoned that while the children had lived with the maternal grandmother for a significant period and she had contravened orders, it was ultimately in the children's best interests to remain in her primary care. This decision was made in light of the need to protect the children from harm, particularly from Mr Z, and to foster a meaningful relationship with their mother. The court applied the principles outlined in sections 60B and 60CC of the *Family Law Act 1975* (Cth), focusing on the children's right to have a relationship with both parents and the need to protect them from harm. The court also considered the evidence regarding the allegations of sexual abuse against Mr Z and the grandmother's past conduct.

The court ordered that the maternal grandmother have sole parental responsibility for the children, with the children to live with her. The mother was granted significant time with the children, including alternate weekends and half of the school holidays. Crucially, the maternal grandmother was restrained from permitting any contact between the children and Mr Z, and the mother was restrained from permitting contact with her current partner, Mr L, during the initial periods of time with the children. The grandmother was also ordered to keep the mother informed of all decisions regarding the children's care, welfare, and development.