Darley & Darley (No 8)

Ms Darley has applied for leave to institute contravention proceedings against Mr Darley, alleging that he has breached final parenting orders made in December 2018. The application is before the Family Court, where Ms Darley previously sought leave to institute parenting proceedings in July 2022. The dispute involves significant changes in the children's living arrangements and their lack of contact with each other and their respective parents. The court must determine whether Ms Darley is entitled to proceed with her allegations of contravention and whether an order should be made for the children to be assessed by a court child expert or family consultant.

The legal issues before the court include whether Ms Darley has standing to bring the contravention proceedings, whether the parenting orders should be varied in light of the changed circumstances, and whether an assessment of the children by a court expert is necessary. The court must consider the welfare and best interests of the children in making these decisions, as well as the provisions of the Family Law Act 1975.

The court found that Ms Darley has standing to bring the contravention proceedings, but that there was no basis for making an order for the children to be assessed by a court expert. The court declined to vary the existing parenting orders, finding that doing so would not be in the children's best interests given the current circumstances. The court emphasised the importance of the children's welfare and the need for the parents to focus on their ability to cooperate and communicate effectively for the children's sake.

The court did not grant leave for contravention proceedings to be instituted, and did not order an assessment of the children by a court expert. The existing parenting orders remain in place, and the court encouraged the parents to work together to facilitate contact between the children and their respective parents.