CROWTHER & KITCHENER

This matter concerned parenting orders between Mr Crowther (the father) and Ms Kitchener (the mother) regarding their children, S and L. The dispute involved allegations of violence, the father exposing the children to pornography, and concerns about the father's mental health. The case was heard by Benjamin J in the Family Court of Australia.

The court was required to determine the parenting arrangements for the children, specifically addressing issues of equal time or significant and substantial time, and to make orders reflecting the best interests of the children under the Family Law Act 1975 (Cth). Key considerations included the allegations made by the parties against each other and the potential risks to the children's welfare.

By consent of the parties, the court made orders dismissing all previous parenting orders. The parties were granted equal shared parental responsibility for the children. The orders also included specific prohibitions against physical discipline, and a consent order that the father not approach or speak to another child, V, without the mother's written consent. The children were to live with the mother, except for specific periods of time with the father, which were detailed in the orders, including alternate weeks during school terms, school holidays, and specific arrangements for Christmas and other public holidays. Further orders restrained both parties from abusing or demeaning the other in the presence of the children, from being adversely affected by alcohol while the children are in their care, and from exposing the children to pornography. Both parties were also ordered to keep each other informed of significant health or educational issues impacting the children.