ARNDT & ARNDT

This matter concerned parenting orders for two children under five years of age, brought before Judge Burchardt of the Federal Circuit Court. The father sought orders for the children to live with him and spend time with the mother, while the mother had always been the primary carer. The father's suspicions regarding the mother were not substantiated, and his proposed parenting arrangements were found to be unclear and inadequately considered.

The court was required to determine the best interests of the children in light of the competing proposals and the evidence presented. Key issues included the father's unsubstantiated suspicions, the clarity and feasibility of his proposed parenting arrangements, and the recommendations made in the family report. The court also considered the role and recommendations of the Independent Children's Lawyer.

In reaching its decision, the court applied the principles of the *Family Law Act 1975*, particularly sections 65DA(2) and 62B, focusing on the children's best interests. The court found that the father's suspicions were not made out and that his proposals lacked clarity. The court gave significant weight to the clear recommendations in the family report and the position advocated by the Independent Children's Lawyer and the mother.

Consequently, the court made final orders largely in accordance with the amended Minutes of proposed orders put forward by the Independent Children's Lawyer and the mother. These orders included the mother having sole parental responsibility and the children living with her, with specific arrangements for the children to spend time and communicate with the father. The court also made various injunctions regarding substance use, exposure to inappropriate behaviour, relocation, communication, and discipline, and ordered the father to pay the mother's costs. The order appointing the Independent Children's Lawyer was discharged.