Dolby & Dolby

In *Dolby & Dolby*, Bennett J of the Family Court of Australia considered an application by the father to vary interim parenting arrangements for the parties' two children. The mother opposed the variation, arguing that the change in circumstances relied upon by the father was reasonably foreseeable. The orders sought were intended to operate only for a short period until a final hearing.

The central legal issue before the court was whether the return of the children to school following the easing of pandemic restrictions constituted a sufficient change in circumstances to warrant a variation of existing interim parenting orders. The court was also required to determine the best interests of the children in light of this potential change.

Bennett J reasoned that the return of children to school after a period of disruption due to pandemic restrictions was a foreseeable event. However, the court acknowledged that the practical implications of this return on the existing parenting schedule needed to be addressed to ensure the children's best interests were met. The court considered the specific needs of the children and the practicalities of the proposed arrangements.

The court ordered a discharge of certain previous orders relating to alternate weekends and mid-week time. In lieu, the father was granted specific time with the children during school terms, comprising two out of three weekends in a three-week cycle, with defined changeover points. The orders also included provisions for FaceTime calls and specific arrangements for the Easter school holidays. The final hearing was vacated and relisted for a later date, and the parties were directed to inform the family report writer of the outcome.