Shields & Anor and Putney

In the matter of Shields & Anor and Putney, Loughnan J of the Federal Circuit Court of Australia made orders concerning the parental responsibility and living arrangements for three children, C, D, and B. The applicants, the mother and father, sought orders regarding these arrangements, with the respondent being the maternal grandmother. The court's orders addressed issues of equal shared parental responsibility, the children's residence, and their time spent with the maternal grandmother.

The court was required to determine the appropriate orders for parental responsibility and the children's living arrangements, considering the existing circumstances and the welfare of the children. This included establishing a framework for the children to live with the applicants and defining the terms of their time spent with the maternal grandmother. Furthermore, the court addressed the need for notice regarding significant changes to the children's residence and mandated the disclosure of health professional consultations concerning the children.

Loughnan J applied principles of the *Family Law Act 1975* (Cth), including sections 62B and 65DA(2), to make orders that aimed to provide stability and clarity for the children. The court ordered equal shared parental responsibility for C and D, and that all three children live with the applicants as agreed. A significant aspect of the orders involved restraining any significant change in the children's residence without prior written notice to the Independent Children’s Lawyer and the maternal grandmother. The court also detailed specific arrangements for the children's time with the maternal grandmother, including weekend and school holiday periods, and established protocols for the collection and return of the children. The orders also included provisions for the disclosure of health information and for the mother to undergo supervised drug screens.