Ryan and Indina and Anor

This case concerned parenting orders made by Cleary J in the Family Court of Australia. The parties involved were the mother, Ms Felvi (formerly Ms Indina), and the father, Mr Ryan, regarding their two children, M and C. The dispute centred on the arrangements for parental responsibility, living arrangements, and time spent between the children and their parents and paternal grandparents.

The court was required to determine the best interests of the children, M and C, in light of the parents' respective circumstances and the role of the paternal grandparents. Key considerations included the impact of potential separations from parents and siblings, the practicalities of maintaining relationships, and the capacity of each party to provide for the children's emotional and intellectual needs. The court also had to address specific concerns regarding the paternal grandmother's involvement and the need to protect the children from certain individuals and behaviours.

Cleary J applied the principles of the *Family Law Act*, particularly section 60CC, in assessing the children's best interests. The court noted the willingness of both parents to facilitate ongoing relationships between the children and each other, and the mother's sensitivity to the children's need to spend time with their father. The court found that significant separation from either parent would have an adverse effect on the children, and that their relationship with their brothers should be supported. The court also considered the difficult childhoods experienced by both parents, including instances of abuse, drug involvement, and parental absence, as well as the father's life-threatening illness. The orders reflected a carefully balanced approach to ensure the children's well-being and stability.

The court discharged all previous orders and made new orders. These included granting the mother sole parental responsibility, with the requirement to consult the father on long-term decisions. The children were ordered to live with the mother and spend time with the father as agreed, or at least weekly. Specific arrangements were made for the children to spend time with their paternal grandmother, with limitations and injunctions imposed on both the paternal grandmother and grandfather regarding contact with the children, their behaviour, and communication about the proceedings. The orders also included provisions for counselling and mediation, and restrained parties from introducing the children to certain individuals.