DAVIES & DAVIES

In *Davies & Davies*, Ryan J considered applications concerning the living arrangements and time spent with three children, J, E, and C, in the context of a highly conflicted parental relationship. The dispute involved the mother's desire for the children to live with her and the father's opposing position, with significant issues arising from the estrangement of one child from the mother and the mother's lack of support for the children's relationship with the father. The father's evidence regarding his parenting capacity was also limited.

The court was required to determine with whom each child should live, the allocation of parental responsibility for long-term decisions, and the extent of time the children would spend with each parent. A key legal issue was how to best promote the children's welfare and a meaningful relationship with both parents, particularly given the existing parental conflict and the separation of siblings. The court also had to consider the impact of any change in circumstances on the children and the necessity of therapeutic assistance for the parents and children.

Ryan J reasoned that the paramount consideration was the best interests of the children. The court noted the mother's lack of support for the children's relationship with the father and the estrangement of one child from the mother. While acknowledging the father's limited evidence on his parenting capacity, the court ultimately ordered that the younger children, E and C, live with the mother, with the mother having sole parental responsibility for their long-term care and welfare, subject to advising the father of significant decisions. Conversely, J was ordered to live with the father, who was granted sole parental responsibility for J's long-term care, welfare, and development, with a similar notification requirement to the mother. The court also made detailed orders for E and C to spend time with the father, and crucially, made orders conditional upon both parents engaging in therapeutic assistance and facilitating counselling for the children.