BEST & BEST

In the matter of BEST & BEST, Judge Obradovic of the Family Court of Australia considered competing applications for "live with" orders concerning two children, X and Y. The central dispute revolved around the children's relationships with each of their parents and what arrangements would best serve their overall interests.

The court was required to determine the primary residence of the children and the nature and extent of the time each parent would spend with them. This involved assessing the evidence presented by both the mother and the father in relation to their respective capacities to care for the children and the impact of proposed living arrangements on the children's well-being and their relationships with both parents.

Judge Obradovic reasoned that the best interests of the children necessitated a clear primary residence. The court ordered that all prior parenting orders be discharged and that the mother have sole parental responsibility, with the children to live with her. The mother was also restrained from changing the children's residence from a specific local government area for 12 months. The judgment then detailed specific arrangements for the children to spend time with the father during school terms, school holidays, and on specific public holidays, including Christmas and Easter, with provisions for agreed arrangements or default schedules if agreement could not be reached. Further orders addressed communication, notification of medical emergencies, school involvement, travel, and discipline.