Enstone & Farnell

The case of *Enstone & Farnell* concerned parenting orders made by Brown J of the Family Court of Australia. The dispute primarily revolved around the time the father would spend with the parties' youngest child, H, and the nature of their communication. While the parties had resolved several issues, the court was required to determine the specific arrangements for contact and communication, as well as address ancillary matters concerning the children's health, education, protection, and overseas travel.

The court was tasked with determining the best interests of the children, particularly H, in relation to the father's time and communication with her. This involved considering the principles of the *Family Law Act 1975*, including the importance of a meaningful relationship with both parents and the need to protect children from harm. The court also had to assess the impact of the parents' acrimonious relationship and the children's existing views and experiences on any proposed parenting orders.

Brown J's reasoning emphasised the paramountcy of the children's best interests, guided by expert evidence from Dr N, a clinical psychologist. The court noted H's own suggestion for limited contact with her father, to occur during time spent with her paternal grandparents, and acknowledged her maturity and desire to bridge the parental divide. The orders made reflected a cautious approach, allowing for four supervised contact periods per year, with provisions for communication via telephone and the possibility of future changes based on H's comfort. The court also made orders regarding the father's communication with the other child, E, overseas travel, the protection of H from her brother D, and the exchange of information regarding the children's health and education.