Chesterman & Royston

In the matter of Chesterman & Royston, Judge Harland of the Family Court of Australia considered a dispute between the mother and father concerning the living arrangements for their eight-year-old twins. Both parents had re-partnered and had other children, with the mother residing in City B and the father in City C. The central issue before the court was determining which parent's residence was in the children's best interests.

The court was required to determine the primary residence of the children, X and Y, and to establish a comprehensive schedule for their time with each parent, including provisions for school terms, holidays, and special occasions. Additionally, the court needed to address ongoing communication between the parents and children, parental responsibility, and restrictions on parental conduct towards each other and the children.

Judge Harland reasoned that the children's best interests would be served by living with the father in City C. This decision involved discharging previous orders and establishing new arrangements. The court ordered that the children live with the father, with specific provisions for their time and communication with the mother, including alternate weekends, defined periods during school holidays, and arrangements for Christmas and Father's/Mother's Day. Equal shared parental responsibility was maintained, and injunctions were put in place to prevent denigration of either parent and to ensure communication was limited to matters concerning the children, primarily via text or email, except in emergencies. The court also ordered that changeovers occur at a specific location in City D unless otherwise agreed.