Younis and Anor and Mitanni and Ors

In the matter of *Younis and Anor and Mitanni and Ors*, Collier J of the Federal Circuit Court of Australia was required to determine parenting orders concerning a child, Z, following the death of the child's mother. The applicants were the child's maternal uncle and maternal grandmother, while the respondents included the child's paternal grandparents and father. The dispute centred on the appropriate arrangements for Z's care, welfare, and development, particularly given the absence of his mother and the father's circumstances.

The court was tasked with determining who would have parental responsibility for Z, how day-to-day decisions would be made, and the specific arrangements for Z spending time with both the maternal and paternal families. Further issues included the father's contact with the child, communication protocols between the families, and how Z would be informed about his mother's death and any subsequent therapeutic needs. The court also had to consider the practicalities of changeovers and the exchange of information regarding Z's health, education, and activities.

Collier J discharged all previous parenting orders and made new orders establishing equal shared parental responsibility between the paternal grandparents. Responsibility for day-to-day decisions was allocated to whichever family Z was with at the time. Detailed provisions were made for the maternal uncle and grandmother to spend time with Z, including specific arrangements during school terms and holidays, and for Christmas Day. The court also ordered that the paternal grandparents seek professional advice regarding informing Z about his mother's death and any necessary therapy, and to act on such advice. They were also directed to seek and follow advice regarding Z's speech, general health, and wellbeing, and to keep the maternal family informed of medical, educational, religious, and sporting matters. The father was permitted limited contact with Z, facilitated by the paternal grandparents. All outstanding applications were dismissed.