West and Anor & West

This case involved proceedings in the Family Court of Australia between the maternal grandparents, Mr and Mrs West (the applicants), and their daughter, Ms West (the respondent mother), concerning the care of their grandson, born in December 2002. The grandparents, who had been the child's primary carers since birth, sought orders for the child to live with them and spend time with the mother. The mother sought orders for the child to live with her fifty percent of the time in 2007, with a different arrangement in 2008, and for her to have sole parental responsibility from mid-2008.

The court was required to determine the paramount consideration of the child's best interests, specifically addressing issues of parental responsibility, living arrangements, and the extent of time the child would spend with each party. This involved considering the presumption of equal shared parental responsibility under the *Family Law Act 1975* (Cth), the relevant primary and additional considerations under section 60CC of the Act, and the specific circumstances of the child, including his relationships with his mother and grandparents, and the history of care provided by each party. The court also had to assess the credibility of the witnesses and the impact of the ongoing conflict between the parties on the child.

Benjamin J found that while the child had a meaningful relationship with his mother, and the mother had a deep affection for him, the grandparents had been the primary carers and had parented the child well. The court noted concerns regarding the mother's insight, decision-making, and willingness to facilitate the child's relationship with the grandparents, despite her stated intention to attend a parenting after separation course. Conversely, the grandparents were found to have consistently facilitated the child's relationship with the mother. Balancing these factors, and considering the child's expressed preference and contentment with the grandparents, the court determined that equal shared parental responsibility between the mother and grandparents was in the child's best interests, with a specific schedule for living arrangements that provided for more time with the grandparents in 2007 and equal time thereafter. The court also made orders regarding communication, medical information, school records, attendance at school functions, and the prohibition of physical discipline.