Bissell and Joss

In *Bissell and Joss*, heard in the Family Court of Australia at Albury, the applicant father and respondent mother sought final parenting orders by consent concerning their two young daughters. The dispute arose following the parties' separation, with the children initially living with the mother before moving to the father's care at the mother's request. Subsequent interim orders established a shared living arrangement, which was later varied to an eight-nights-with-father, six-nights-with-mother arrangement.

The court was required to determine the terms of final parenting orders, considering the children's best interests. Key issues included the allocation of parental responsibility, the children's living arrangements, the extent of time the children would spend with each parent, and specific conditions relating to the mother's drug and alcohol use and the father's cohabitant's criminal history. The court also had to consider the mother's engagement with the proceedings and her capacity to provide a safe environment for the children.

Brown J applied the principles of the *Family Law Act 1975*, emphasising the importance of parental agreement and the children's best interests. Despite concerns raised by the independent children's lawyer regarding the mother's history of amphetamine use and the criminal convictions of the father's housemate, the court accepted the father's assurances regarding the children's safety and security. The court noted the mother's consent to the proposed orders, her lack of engagement with counselling, and the father's commitment to monitoring the children's welfare. The court found that the father had been providing good care for the children and that it was in their best interests to maintain a relationship with their mother, albeit under supervision.

By consent, the court ordered that the parents have equal shared parental responsibility. The children were ordered to live with the father and spend time with the mother on alternate weekends and during school holidays and special days as agreed. The mother was ordered to engage in drug and alcohol counselling and restrained from amphetamine use while the children were in her care. Both parents were ordered to complete parenting programs. All other extant applications were dismissed.