Estella and Morena (No. 2)

In *Estella & Morena (No. 2)*, the Family Court of Australia considered an application by the Respondent Father seeking various orders concerning his children, N, E, and M. The Applicant Mother was represented by Legal Aid Queensland, and the Respondent Father appeared in person. The Independent Children’s Lawyer was represented by DA Family Lawyers.

The primary legal issues before the Court were whether there had been a sufficient change in circumstances to warrant revisiting interim parenting orders made on 25 February 2013, and whether the Father's proposed changes to the children's time with him were in the children's best interests. The Court also had to determine its jurisdiction regarding certain orders sought by the Father, including those relating to Family Tax Benefit and the provision of documents from foreign agencies.

Justice Kent dismissed the Father's application, finding no material change in circumstances since the interim orders were made. The Court clarified that it lacked jurisdiction to make orders concerning social security benefits or to compel foreign agencies to provide documentation. Regarding the parenting arrangements, the Court held that the Father's proposed alteration to the children's time with him, which would involve them commencing their alternate weekend care on a Thursday morning, was not in the best interests of N, particularly given his delayed learning development and the potential disruption to his schooling. The Court was not satisfied that a further interim determination was warranted, especially as the substantive proceedings were already listed for a trial.