Balchin and Algar

This matter concerned proceedings between Balchin and Algar regarding the children X, Y, and Z. The dispute involved the arrangements for the children's time with their parents. The proceedings were before Judge Harland of the Federal Circuit Court of Australia.

The court was required to determine the best interests of the children in relation to their living arrangements and time spent with each parent. Key legal issues included the application of the presumption of equal shared parental responsibility under section 61DA of the *Family Law Act 1975* (Cth), considerations for equal time and substantial and significant time under section 65DAA, and the various factors relevant to the children's best interests as outlined in section 60CC of the Act. The court also needed to consider the views of the children, their maturity, and any other matters deemed important to their welfare.

The court ordered that the children continue to spend time with the mother as they were currently doing, with the possibility of additional supervised time to be agreed upon by the parties. Crucially, the court directed the parents and children to attend upon a family consultant for the preparation of a family report, to be provided to the court by a specified date. This report was to address the children's views, the matters set out in sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*, and any other relevant welfare considerations. The court also made detailed orders regarding the enrolment of parents in contact centres, the provision of documents to the family consultant, and the procedure for the family report to be disclosed or used in future proceedings.

The proceedings were adjourned for mention, with a final hearing scheduled for a later date. The court also set out strict timelines for the filing and service of affidavits, the provision of case outlines, and the notification of expert witnesses regarding the trial listing. The court noted a preference for the children to have two visits with their mother each week, each of four hours duration.