Bancroft and Willard

This matter concerned parenting orders made by Judge Young in the Federal Circuit Court of Australia. The proceedings involved a father and a mother, and their three children, identified as [X], [Y], and [Z]. The dispute centred on the living arrangements and time spent between the children and each parent.

The court was required to determine the primary residence of the children, the time each parent would spend with them, and the allocation of travel costs. Additionally, the court needed to address specific health concerns regarding one of the children, [X], and make orders for the preparation of a family report to assist in determining the children's best interests. The court also considered the dismissal of the father's Application in a Case filed on 23 October 2017.

In its reasoning, the court applied principles under the *Family Law Act 1975*, including sections 60CC, 61DA, and 65DAA, which relate to the best interests of the child, the presumption of equal shared parental responsibility, and considerations for equal and substantial parenting time. The court ordered that the children live with the father and that the mother deliver one child to the father. The children were to spend time with the mother during school holidays, with travel costs to be shared equally. The father was directed to consult with a health professional regarding the child [X]'s obesity. Crucially, the court ordered the parties and children to attend upon a family consultant for the preparation of a family report, outlining specific matters the report should address, including the children's views and relevant legislative factors.

The court's final orders included the dismissal of the father's Application in a Case. The orders also set out detailed directions for the preparation and filing of affidavits, case outlines, and the conduct of the trial, which was listed for April 2018. Provisions were made for the release and potential admission into evidence of the family report, including notice requirements for cross-examination of the report writer.