Gilson and Tilbury and Anor

This matter came before Judge Brown concerning the welfare and living arrangements of children X and Y. The dispute involved the parents' arrangements for the children, including holiday periods, school terms, and daily care.

The court was required to determine the interim living arrangements for the children, including holiday and school term schedules, and to establish mechanisms for ensuring the children's best interests were paramount. This involved the appointment of an Independent Children's Lawyer, the preparation of a family report, and the imposition of specific conditions and restraints on the parties' conduct and living situations.

In reaching its decision, the court applied provisions of the *Family Law Act 1975*, including sections relating to the appointment of an Independent Children's Lawyer (s 68L) and the preparation of family reports (s 62G(2)). The court ordered the appointment of an Independent Children's Lawyer and directed the parties to attend a family report assessment, outlining specific matters to be addressed in the report, including the children's views and factors under sections 60CC, 61DA, and 65DAA. The court also made detailed interim orders regarding the children's residence with each parent during school holidays and terms, and imposed injunctions restraining drug use by the mother and prohibiting parental denigration of the other parent in the children's presence.

The court ordered that the children live with the father for specified periods during the upcoming school holidays and from the commencement of the 2017 school year, with alternate weekend and mid-week time with the mother. Specific conditions were placed on the mother's residence and supervision during her time with the children, and an injunction was issued restraining her from consuming illicit drugs. Both parties were restrained from speaking negatively about the other parent in the children's presence and were directed to keep each other informed of the children's health, education, and contact details. Further consideration of the matter was adjourned to a later date.