Galpin & Galpin (No 2)

This matter concerned an application by Ms Galpin (the applicant mother) against Mr Galpin (the respondent father) regarding parenting orders for their children, X (born 2010) and Y (born 2013), and Z. The parties had separated in August 2019. The court was required to determine the best interests of the children in accordance with section 60CC(3) of the *Family Law Act 1975* (Cth).

The primary legal issue before the court was whether to vary the existing parenting arrangement for X and Y, which was a 5:5:2:2 overnight arrangement, to an 8-night a fortnight arrangement with the mother. The mother argued this change would provide the children with more stability and fewer changeovers, and importantly, allow Z to spend more time with her brothers. The father had proposed a different arrangement for Z, which would result in her spending less time with her siblings.

Justice Tonkin considered the evidence and submissions, noting that the mother's assertion of increased stability for X and Y from the proposed change was unsubstantiated. However, the court accepted that the father's proposed arrangement for Z would result in her spending less time with her brothers. Given that Z had only recently recommenced spending time with her father following a period of refusal, the court viewed it as beneficial for Z to spend more time exclusively with her father, acknowledging the disruption likely caused by parental conflict. The court also took into account that Z would otherwise spend half of each school holiday with her brothers.

The court ordered that Order 3 of the previous orders made on 22 January 2021 be discharged. It further ordered that, unless otherwise agreed in writing, X and Y shall spend time with the parties in accordance with the current 5:5:2:2 overnight parenting arrangement, such time to coincide with the time Z spends with her father. The father was granted liberty to telephone the children on one occasion during the extended period they spend with their mother. Additionally, the father was ordered to ensure Y has his own bed and to encourage Y to sleep separately from him.