CLEARY & CLEARY

In the matter of CLEARY & CLEARY, Judge Scarlett of the Family Court of Australia considered parenting orders concerning the children [X] and [Y]. The dispute involved the father's application for parenting orders and the mother's application for costs. The court was required to determine the best interests of the children, particularly in light of family violence issues and the need for parental responsibility, as well as whether costs should be awarded, and if so, on an indemnity basis.

The court's reasoning focused on the paramount consideration of the children's best interests, as mandated by the *Family Law Act 1975*. This involved ensuring the children maintained a meaningful relationship with both parents, while also protecting them from harm, including exposure to family violence. The court noted the existence of a Provisional Apprehended Domestic Violence Order and, pursuant to section 68P(2) of the Act, made parenting orders that were inconsistent with it to facilitate the father's time with the children. This inconsistency was justified because the Provisional Apprehended Domestic Violence Order made no provision for the father's time with the children, and the children were not named as protected persons. The court also considered section 60CG of the Act and the need to protect the children from abuse, neglect, or family violence.

Ultimately, the court made interim orders for equal shared parental responsibility, with the children to live with the mother and specific arrangements for the father's time. These orders included provisions for the father to collect and return the children to the mother's residence without entering it or remaining in the vicinity, and limited communication via text message for logistical purposes. The mother was also restrained from allowing certain named relatives of hers to come into contact with the children or enter any dwelling where the children might be present. The court further ordered that the children's interests be independently represented by a lawyer, requesting Legal Aid NSW to arrange this, and directed the parties' solicitors to provide relevant documents to the Independent Children's Lawyer. No order for costs was made.