Whitehouse and Anor and Oswald and Anor

In the matter of *Whitehouse and Anor and Oswald and Anor*, heard by Judge Hartnett, the applicant grandparents sought orders concerning their grandchildren, X and Y. The dispute centred on the parental responsibility for, and living arrangements of, the children, with the grandparents seeking to have sole parental responsibility and the children to live with them.

The court was required to determine whether to grant the application for sole parental responsibility for the children to the applicant grandparents, and to make orders regarding the children's living arrangements and the extent of contact the respondent parents would have with them. The court also considered the practicalities of service of the initiating application on the respondent mother.

Judge Hartnett ordered that service of the initiating application upon the respondent mother be dispensed with. The court then made orders granting the applicant grandparents sole parental responsibility for the children, X and Y, and that the children live with the applicant grandparents. The respondent parents were granted the right to spend time with the children as agreed in writing between the parties, subject to conditions agreed between the grandparents and either parent. Further orders stipulated that the grandparents inform each parent of any serious illness or injury sustained by the children, including treatment details and locations, and to keep each parent informed of the children's educational institutions and extracurricular activities. All parties were ordered to keep each other advised of changes to residential addresses and contact telephone numbers at least 48 hours in advance. The applicant grandparents were directed to serve a copy of these orders upon the second respondent father as soon as practicable and upon the first respondent mother at her election.