Harvey and Harvey (No 2)

This case involved Mr Harvey (applicant father) and Ms Harvey (respondent mother) concerning parenting orders for their three children. The dispute centred on allegations of contravention of existing parenting orders by the mother, and the subsequent determination of appropriate parenting arrangements and therapeutic interventions for the family. The matter was heard in the Family Court of Australia by Bennett J.

The court was required to determine whether the mother had contravened the parenting orders on four specific counts, and if so, what orders should be made in light of these contraventions. The overarching consideration for the court was the best interests of the children. This included assessing the need for behaviour change therapy for the parents and determining the conditions under which the children might attend psychological counselling.

The court found that the mother had contravened the parenting orders on four counts. In response, the court discharged all previous parenting orders by consent. New orders were made granting the mother sole parental responsibility, with specific provisions for the father's involvement in long-term decision-making. The children were ordered to live with the mother, and detailed arrangements were set out for the children to spend time and communicate with the father, with specific provisions for each child. The father was also restrained from attending the children's school or extra-curricular activities, with limited exceptions. Crucially, the court ordered both parents to attend a Post Separation Program and to seek therapeutic counselling with a psychologist to address their behaviours and their impact. Furthermore, the children were to attend family therapy sessions, contingent on the father making a fundamental change to his attitude towards the mother and children, with the independent children's lawyer to direct this process. The matter was adjourned for mediation and further mention.