Asquith and Garner (No 2)

In *Asquith and Garner (No 2)*, Baumann J of the Family Court of Australia made orders concerning the living arrangements for two children, X and Y, and addressed related matters including school enrolments and parental conduct. The dispute centred on the practical arrangements for the children's time with each parent and the conduct expected of each parent in relation to the children and the proceedings.

The court was required to determine the specific schedule for the children's time with their mother and father, including during school terms and holidays, and to establish communication protocols between the children and the parent with whom they were not residing. Further issues included facilitating the children's enrolment in a specific primary school and setting parameters for parental behaviour to ensure the children's welfare and to prevent prejudice to the proceedings. An interim spouse maintenance application was also before the court.

Baumann J applied principles relating to the best interests of the children in making detailed orders for their living arrangements, including a rotating weekend schedule and specific provisions for school holidays and Christmas. The court also imposed restraints on the parents, prohibiting physical discipline, discussion of the proceedings with the children, and denigrating remarks about the other parent. Additionally, parents were restrained from consuming alcohol above the legal driving limit, illicit substances, or smoking in the presence or vicinity of the children during their time with them. The interim spouse maintenance application was adjourned, and the proceedings were set down for a final hearing.