BILNEY & BRISCO

This matter concerned parenting orders for two children, C Brisco and J Brisco, before Justice Benjamin in the Family Court of Australia. The dispute involved the residence of the children, parental responsibility for long-term decisions, and arrangements for the children to spend time with and communicate with their parents. The court was required to determine the most appropriate parenting orders, considering the best interests of the children.

The court was tasked with determining the residence of the children, the allocation of parental responsibility for major long-term issues such as education and religious upbringing, and the specific arrangements for the children to spend time with each parent. Additionally, the court had to consider the communication protocols between the parents and the role of third parties in facilitating or supervising contact. The court also addressed the need for both parents to undertake personal development courses and for the children to continue with counselling.

Justice Benjamin's reasoning focused on the paramount consideration of the children's best interests, as outlined in the *Family Law Act 1975*. The court expressed concerns about the mother's willingness to facilitate a relationship between the children and the father, noting a lack of evidence that she had done so previously. While acknowledging the mother's physical capacity to care for the children, the court found that an order for equal time would be damaging due to the existing high level of conflict between the parents. The court also considered the practical difficulties and expenses of contact, the emotional and intellectual needs of the children, and the parents' attitudes towards parenthood.

The court ordered that the children live with the father and that he have sole parental responsibility for major long-term issues, with specific provisions for consultation with the mother. The mother was granted parental responsibility for obtaining school and health reports and discussing progress with professionals. Detailed arrangements were made for the children to spend time with the mother, with supervision by the mother's sister, Ms K Bilney, whose undertakings to the court were relied upon. Injunctions were imposed to prevent parental abuse in the children's presence and to restrict the mother's contact with the children's maternal grandmother for a period. The court also mandated anger management and psychological counselling for the parents, and continued counselling for the children, with a request for family consultant assistance to transition towards unsupervised time.