BEST & BEST

In the matter of BEST & BEST, Aldridge J of the Family Court of Australia considered parenting orders concerning two children. The father sought to re-open all parenting issues, requesting sole parental responsibility and that the children live with him. The mother sought supervised time for the children with the father until they reached eighteen years of age. The Independent Children’s Lawyer ultimately sought orders for the father to have no contact with the children until they attained sixteen years of age.

The central legal issue before the court was whether there had been a change in circumstances since previous parenting orders were made, which would justify a reconsideration of those orders in the best interests of the children. The court was required to determine the application of the principles of *res judicata* and issue estoppel in parenting cases, particularly in light of a previous finding that the father suffered from a paranoid personality disorder and episodic depressive disorder. The court also had to consider the specific issue remitted by the Full Court, which related to the time the children should spend with the father.

Aldridge J determined that the previous finding regarding the father's mental health was a matter that should not be reconsidered in these proceedings due to *res judicata* and issue estoppel. The court concluded that it was not in the best interests of the children to reconsider the prior parenting orders, and the only matter to be determined was the extent of the father's contact. The court found that supervised time would not be a practical arrangement. Ultimately, the court determined that no contact between the father and the children was the order least likely to lead to further litigation and most likely to reduce conflict between the parties.

Consequently, the court ordered that the children spend no time with the father. The father was restrained from contacting the children by telephone, email, or any other form until they each attained the age of eighteen years. Furthermore, the father was restrained from contacting or approaching the mother in any manner whatsoever. The existing orders made by Justice Ryan on 3 February 2012, as varied by the Full Court on 1 February 2013, otherwise remained in effect.