ELBURN & ELBURN

In the matter of ELBURN & ELBURN, Judge Harman considered interim parenting arrangements for two young children, X and Y. The dispute arose from significantly divergent positions taken by the parents, Ms. Elburn and Mr. Elburn, regarding the children's care. Each parent alleged that the other was actively attempting to alienate the children's affections. The court also addressed property orders sought by the wife to restrain the husband from disposing of matrimonial assets.

The court was required to determine several key legal issues. These included the best interests of the children, particularly in circumstances where they were suggested to be estranged from their mother and where limited communication with her was proposed. The court also considered the children's right to know and be cared for by both parents, and their right to communicate and spend time with them. A further issue was whether a substantive change in care arrangements was warranted, and how to weigh the children's views when their genuineness, strength, and freedom from influence were questioned.

Judge Harman applied the paramountcy principle of the children's best interests. The court acknowledged the children's right to have their voices heard, but carefully considered the weight to be given to their views, especially when there were concerns about undue influence. The orders made reflect a balancing of the parents' rights and responsibilities with the children's welfare. Equal shared parental responsibility was ordered, with the children to live with their father but spend significant time with their mother. The court also mandated family therapy, directed full financial disclosure from both parties, and imposed an interim restraint on the husband disposing of specified matrimonial assets. An Independent Children's Lawyer was appointed, and the parties were directed to attend a Child Inclusive Dispute Conference.