Charnley & Marlow

In the matter of *Charnley & Marlow*, heard by Burchardt J, the dispute concerned parenting orders for two children, X (born 2012) and Y (born 2015). The father sought the return of the children following the mother's unilateral relocation and enrolment of the children in a new school approximately 180 kilometres away. The father proposed an arrangement of alternate weekends with additional time contingent on the mother's work roster, and sought the exclusion of the mother's brother from the children's lives due to child pornography charges he was facing.

The court was required to determine the best interests of the children, specifically addressing issues of equal shared parental responsibility, the children's primary residence, and the time the children would spend with each parent. Key legal issues included assessing the parents' respective roles as primary carers during the relationship, the weight to be given to the children's views, and the need to protect the children from potential harm, particularly in light of the allegations against the mother's brother. The court also considered the parents' capacity to communicate and co-operate regarding the children's welfare.

Burchardt J found that both parents agreed on the importance of a meaningful relationship with both parents for the children. While acknowledging some past conduct and difficulties in communication, the court found no risk of physical or psychological harm to the children. The children's views were not decisive, with X expressing mixed feelings about his new school and missing friends, while Y enjoyed time with both parents. The court found that both parents had exaggerated their roles as primary carers during the relationship, and that the arrangements were likely more balanced than either parent suggested. Ultimately, the court determined that the mother's greater organisational capacity tipped the scales in favour of the children residing primarily with her, while also recommending a significant amount of time with the father. The court also addressed the concern regarding the mother's brother, ordering that he not be left alone with the children and that at least two other adults must be present when he is with them.

The court ordered equal shared parental responsibility, with the children to live with the mother. Specific orders were made regarding the children's time with the father, including a two-out-of-three weekend arrangement, shared school holidays, and specific arrangements for Christmas. The orders also included provisions for communication, notification of health and schooling matters, and injunctions restraining denigration of the other parent and discussing proceedings with the children. The mother was also ordered to ensure her brother was not left unsupervised with the children, with specific conditions regarding adult supervision.