GARRETY & STEYN

This matter concerned parenting orders for two children, B and C, before Cleary J of the Family Court of Australia. The dispute centred on the children's living arrangements and time spent with each parent, as well as the allocation of parental responsibility.

The court was required to determine with whom the children should live and spend time, and whether the parents should share parental responsibility. Key considerations included the mother's truthfulness and tendency to exaggerate during her evidence, her decision to live a significant distance from the children, and the impact on the children's relationships with her. The court also had to assess the mother's allegations of family violence against the father, which were uncorroborated and inconsistently made, and the importance of sibling relationships.

Cleary J found that the father had provided a stable environment for the children and understood the significance of their relationships with both parents, noting that the children had their most secure attachment with him. The court determined that the distance and travel involved in changeovers outweighed any benefit to the children of spending time in the mother's home. Consequently, the court ordered that the children live with the father and spend time with the mother, primarily in the father's local area, with specific provisions for block holiday periods in the mother's local area. The court also concluded that the parties lacked the necessary trust and communication skills to share parental responsibility, and therefore ordered that the father have sole parental responsibility.