SAWYER & GRINDER

In the matter of *Sawyer & Grinder*, Stevenson J of the Family Court of Australia considered orders relating to the parental responsibility and living arrangements for two children, T and R. The dispute concerned the future care of the children, with the court tasked with determining the most appropriate arrangements following a period of separation and supervised contact.

The court was required to determine several key legal issues, including the discharge of existing orders, the establishment of equal shared parental responsibility, and the specific living arrangements for the children. Central to the determination was the application of the best interests of the child principles under the *Family Law Act 1975* (Cth), particularly sections 60CC(3)(d) concerning the likely effect of changes in circumstances, 60CC(3)(e) regarding practical difficulties and expense of contact, 60CC(3)(f) on the capacity of parents to provide for the children's needs, and 60CC(3)(i) concerning the parents' attitudes to the child and their parental responsibilities. The court also considered the children's stated wishes and the impact of their expressed views on their relationships with each parent.

Stevenson J reasoned that both parents had demonstrated a willingness to foster a close and continuing relationship between the children and the other parent. The mother's cooperation in re-establishing the father's role after a significant absence and the father's facilitation of supervised contact with the mother were noted positively. The court found that while T had expressed negative sentiments towards his mother, these were not considered to reflect his genuine perception of their relationship, particularly in light of a recent incident linked to a parental disagreement. The court concluded that T was likely to resettle quickly into living with his mother, who had been his primary carer for most of his life. The proximity of the parents' residences and their current employment status were also considered relevant to the practicalities of the proposed arrangements.

The court ordered the discharge of all existing orders concerning the children and established equal shared parental responsibility. The children were ordered to live with the mother, with specified periods of time to be spent living with the father, including alternate weeks during school term and half of all school holidays. Further orders addressed specific days such as Father's Day, Mother's Day, and Christmas, as well as provisions for communication, counselling, and the prohibition of contact with a third party, D Grinder. The court also made orders regarding school enrolment, notification of illness or accident, and the location of changeovers.