Clives and Clives

In *Clives and Clives*, the Family Court of Australia was required to determine parenting orders concerning the parties' two sons, S and M, and their niece, J, who had been in their care since 2001. The proceedings involved applications for parenting orders, property settlement, and superannuation splitting, though judgment was delivered solely on the parenting matters. The court considered the best interests of the children as the paramount consideration, applying the principles outlined in sections 60CA, 60B, and 60CC of the *Family Law Act 1975* (Cth).

The court was tasked with determining the living arrangements and time spent between the children and each parent, considering the children's views, the parents' capacities, and the nature of their relationship. Specifically, the court had to assess the extent of the husband's time with the sons, the allocation of parental responsibility for J, and the practical arrangements for holidays and special occasions. The court also had to consider the impact of the parties' highly conflicted relationship on the children and make orders that would best promote their welfare and minimise future conflict.

Justice Rose applied the best interests of the child principle, weighing the benefit of a meaningful relationship with both parents against the need to protect children from harm. The court considered the detailed evidence from a family consultant, the children's expressed views, and the parents' respective capacities and willingness to facilitate a relationship with the other parent. For the sons, the court ordered equal shared parental responsibility and established a schedule for time spent with the husband, incorporating flexibility and acknowledging the boys' preference for returning to their mother's home on Sundays. For J, the court ordered joint parental responsibility concerning her health and education, recognising her specific needs and the importance of consistent parenting advice from professionals. The court also made specific orders for holidays and birthdays to resolve ongoing disputes.