Beard and McCarthy

In *Beard and McCarthy*, heard in the Family Court of Australia at Melbourne, Justice Dessau considered interim parenting arrangements for two children, a daughter born in October 1995 and a son born in January 1999, following the recent separation of their parents. The dispute arose after the mother left the former matrimonial home with the children and enrolled them in a new school in a different area, a move the father opposed. The court was tasked with determining the children's living arrangements, parental responsibility, and the process for gathering further information to inform final orders.

The court was required to determine the interim living arrangements for the children, considering the principles outlined in Part VII of the *Family Law Act 1975*. Specifically, the court had to assess the benefit of a meaningful relationship with both parents, the need to protect the children from harm, their views, the nature of their relationships with each parent, the likely effect of any changes in their circumstances, and the practical difficulties and expense of spending time with each parent. The court also needed to decide on the appointment of an independent children's lawyer and the preparation of a Family Report.

Justice Dessau reasoned that, given the significant upheaval the children had already experienced, it was in their best interests to return to their familiar environment, school, and community in the S area until further information could be gathered. The court applied the principles from *Goode and Goode*, emphasising that interim hearings are abridged processes where findings of fact should not be made unless possible, and that the court should consider agreed facts, current circumstances, and proposals for the future. The court noted the legislative intent favouring substantial involvement of both parents, subject to the children's best interests and practicality. The court ordered that the children be separately represented by an independent children's lawyer, that a Family Report be prepared, and that the parties share parental responsibility. The children were to live with the husband from the end of the school week in B until the commencement of school on 25 June 2007, with subsequent arrangements contingent on the wife securing accommodation in the S area. The court also made detailed orders regarding the children's living arrangements with each parent during the intervening period and the upcoming school holidays, and stipulated that changeovers would occur at specific locations.