Event and Time
Event Description
The case revolves around a family law dispute concerning the parental responsibility and living arrangements for two twin children, X and Y, who are 14 years old. The proceedings were triggered due to the absence of time spent with either biological parent for over three years. The biological mother resides overseas and did not defend the proceedings. The children have been living with their former step-grandmother, who has developed a stable relationship with them.
Application and Claims
- Father's Claim: The father, MR FIRMAN, seeks equal shared parental responsibility for the children.
- Step-Grandmother's Claim: The second respondent, MS NAKKEN (former step-grandmother), seeks sole parental responsibility concerning the children’s health, education, and residence in Australia.
- Children's Wishes: The children expressed a strong desire to continue living with their step-grandmother, aligning with their best interests, based on historical allegations of family violence.
Judicial Decisions
- Discharge of all unexecuted orders concerning parental responsibility.
- Equal shared parental responsibility is granted to both the father and the step-grandmother, with the step-grandmother retaining sole responsibility for health, education, and migration matters.
- The court allows communication and visitation with biological parents per the children’s wishes.
Dispute Points and Legal Basis
Dispute Points
- Father's Arguments:
- Argues for equal parental responsibility for maintaining a connection with the children. - Claims that shared involvement in the children's life is in their best interests.
- Step-Grandmother's Arguments:
- Emphasizes the children's psychological stability and well-being due to living arrangements. - Argues that historical issues (family violence) warrant her having sole responsibility to protect the children.