Cabano and Van Buren

The case involved Mr. Cabano (the father) and Ms. Van Buren (the mother) concerning parenting orders for their children, B and C. The dispute centred on the children's living arrangements, time spent with each parent, and related matters such as international travel and medical information. The decision was made by Loughnan J.

The court was required to determine the best interests of the children, particularly regarding their living arrangements and the extent of time each parent would spend with them. Key issues included whether C should reside with the father in Sydney, the implications of separating the siblings, the capacity of each parent to facilitate the children's relationship with the other parent, and the impact of the parents' dysfunctional co-parenting relationship on the children. The court also considered the father's application for increased time with C and the mother's previous unilateral decisions regarding the children's schooling and relocation.

Loughnan J applied the principles of the *Family Law Act 1975* (Cth), focusing on the best interests of the children as paramount. The court noted the significant conflict and criticism between the parents, which was deemed detrimental to the children's emotional, social, and cognitive development. While acknowledging the mother's concerns about the father's alleged coercive and controlling behaviour, the court found that her unilateral decisions, such as moving the children and changing their school without informing the father, were not necessarily justified. Similarly, the father's anger and focus on blame were seen as hindering his ability to co-parent effectively and understand the children's perspectives. The court also considered the children's expressed concerns about their father's statements regarding not seeing them.

The court ordered the discharge of all previous parenting orders. It established equal shared parental responsibility for both children. C was ordered to live with the father, with specific arrangements for C to spend time with the mother on alternate weekends and during school holidays. The mother was restrained from allowing the children to depart Australia without the father's consent or a court order, and was required to deliver the children's passports to the father. The father was permitted to apply for and renew passports for the children. Both parents were ordered to inform each other of emergencies and significant incidents concerning the children within eight hours, and to provide 24 hours' notice for non-emergency medical or dental treatment. Leave was granted for parties to apply to bring the matter back before the Court within 28 days regarding machinery orders.