BENSON & BROWNE

The Family Court of Australia considered parenting orders concerning two young girls, S and J, whose parents, Ms Benson (the mother) and Mr Browne (the father), were in dispute over their living arrangements. The parties had separated in 2008 and had a history of acrimonious disputes regarding the children's care, including allegations of physical abuse. The mother sought orders for the children to live primarily in her care, while the father sought a return to week-about shared care.

The court was required to determine the children's best interests, specifically with whom they should live and spend time. This involved assessing the parents' capacity to communicate and co-parent, the impact of their highly acrimonious relationship, and allegations of physical abuse. The court also had to consider the children's expressed wishes for a shared care arrangement and whether such an arrangement would be reasonably practicable and in their best interests, given the parents' difficulties.

The court found that while the parents agreed to equal shared parental responsibility, an equal time arrangement would not be in the children's best interests. This was due to the parties' incapacity to communicate and resolve difficulties associated with such a regime, which the court deemed detrimental to the children's wellbeing and reasonably impracticable. Applying the principles of the *Family Law Act 1975* (Cth) and considering the evidence, including family reports and oral testimony, the court determined that the children's best interests would be served by living primarily with their mother during school terms, while still spending substantial and significant time with their father. The court noted that the rule in *Rice & Asplund* did not apply to these proceedings.

The court made orders discharging previous parenting orders and establishing equal shared parental responsibility. The children were ordered to live with the mother during school terms and spend substantial and significant time with the father on alternate weekends and during school holidays, with specific provisions for transitions, holidays, and communication between the parents. The orders also included restraints on denigrating the other parent, discussing proceedings with the children, and physically disciplining them, and mandated participation in a Parenting Orders Program.