Bates and Henson

In *Bates and Henson*, heard before Judge Small, the dispute concerned parenting orders for two children, [X] and [Y]. The court was required to determine the living arrangements for the children, specifically whether an equal shared care regime was appropriate, and to make final orders in relation to these arrangements.

The court considered several factors in determining the children's living arrangements. It noted that an equal shared care order would likely result in reduced child support payments for the mother, Ms Henson, while the father, Mr Bates, would bear the full cost of the children when they were with him. The court also assessed the likely effect of any changes on the children, including the impact of spending less time with their mother, concluding that their relationships were robust enough to withstand such a change. The close proximity of the parents was identified as a factor that would reduce practical difficulties and expenses associated with the children spending time with both parents, and facilitate their right to maintain regular contact. Furthermore, the court found that both parents had a strong capacity to provide for the children's emotional and intellectual needs, despite concerns raised about Mr Bates' temper. Significant attention was also given to the provision of care for [X], who has severe disabilities and receives substantial NDIS funding, with her mother's home being adapted to meet her needs.

The court ordered that the children live with the parents in an equal shared care regime, detailing specific arrangements for school terms and long summer holidays, with provisions for agreement between the parties and default arrangements in the absence of agreement. All other extant applications were dismissed.