Bernard and Bernard

In the matter of *Bernard and Bernard*, heard by Justice Austin, the dispute concerned parenting orders for five children. The court was required to determine the future parental responsibility, living arrangements, and time spent between the children and their father, as well as address issues of communication, supervision of contact, and the parties' conduct towards each other and the children.

The court's reasoning focused on establishing orders that reflected the children's best interests, particularly considering their stated wishes where appropriate. The orders discharged previous arrangements and vested sole parental responsibility and the primary residence with the mother. Specific provisions were made for the children to spend time and communicate with the father, with initial contact to be supervised by the H Family Support Service for a defined period, transitioning to arrangements based on the children's wishes thereafter. The court also imposed restraints on each party, prohibiting corporal punishment and denigration of the other parent in the children's presence.

The final orders stipulated that the mother would have sole parental responsibility and the children would live with her. Contact between the children and the father was to be supervised by the H Family Support Service for an initial period, with arrangements to transition to supervised contact based on the children's wishes and communication via email. The parties were ordered to share equally any costs associated with the supervised contact. The court also made orders regarding notification of medical emergencies, the provision of school records to the father, and the exchange of contact details. Crucially, the orders noted an inconsistency with an existing Apprehended Violence Order, with the Family Law Act provisions dictating that the parenting orders prevail to the extent of any inconsistency.