Earle and Polley

This matter came before Benjamin J concerning an application by the father for final parenting orders. The dispute centred on parenting arrangements for two children, following the parties' separation in 2013. The mother had previously asserted allegations of sexual abuse against the father concerning the elder child, and these allegations, along with the mother's assertion of unacceptable risk to the children's well-being, remained in place.

The court was required to determine whether the father's application for final parenting orders, which sought equal shared parental responsibility and significant unsupervised time, should proceed. This involved considering whether there had been a sufficient change in circumstances since the previous parenting orders were made, particularly in light of the serious allegations and the parties' prior settlement. The father's application, if successful, would reopen all issues left undetermined in the previous proceedings.

Benjamin J dismissed the father's application, applying the principles from *Searson & Searson*. The court found that the father's application was not dismissed for a technical reason, but rather on the merits, as there was an insufficient change in circumstances to justify further litigation. The court noted that the previous settlement involved supervised time for the younger child and a continuation of endeavours to ascertain the elder child's willingness for supervised time, with the father accepting that unsupervised time would place the elder child at an unacceptable risk of emotional harm. The court concluded that the child's interest in avoiding further litigation outweighed the father's application.

The father's application for final parenting orders was dismissed, and the hearing date set for March 2018 was vacated. The request for a family report was discharged, and all extant applications, except for costs, were dismissed. It was certified that it was reasonable to engage counsel to attend the proceedings.