Beta & Avron

The matter of Beta & Avron concerned an application for review of interim parenting orders made by a Senior Registrar. The applicant mother, Ms Avron, sought to alter the children's live with arrangements, proposing they spend four nights a fortnight with the respondent mother and the remaining time with her, arguing the previous arrangement was impractical once the older child commenced school. The respondent mother contended that the existing equal time arrangement had worked well and that the older child should remain at her current school.

The court was required to determine the appropriate interim parenting arrangements for the children, considering the practicalities of schooling for the older child and the existing family dynamics. Key issues included the children's living arrangements, time spent with each parent, and the specific schooling arrangements for the older child. The court also had to consider the evidence presented by both parties, including the report from a family consultant, and apply the principles governing interim parenting orders.

In its reasoning, the court acknowledged the difficulties in making definitive findings of fact at an interim stage, as per *Goode & Goode* and *Marvel & Marvel*. The court noted that the family consultant's views regarding significant anxiety and conflict in the co-parenting relationship weighed against an equal time arrangement, supporting the applicant's proposed shift. The court also had regard to the additional considerations under s 60CC(3) of the *Family Law Act 1975* (Cth), although the children's views were not available due to their young age and the electronic nature of the interviews.

The court ordered that leave be granted to the applicant mother to amend her application for review. The application for review of the Senior Registrar's orders was dismissed, and the orders made by the Senior Registrar on 26 November 2020 were confirmed. These confirmed orders included sole parental responsibility for schooling for the applicant mother, specific live with and time arrangements for the children, and that the older child be enrolled at B School.