HASELTON & SHORNE

In a family law proceeding before Judge Willis, the dispute concerned the parenting arrangements for five children. The mother and father had previously lived in unhygienic conditions, and at separation, the father had removed the mother and children from the family home. The father subsequently remarried and sought residence of the five children, proposing a significant change for them. The Department of Child Safety had been involved with the family for several years.

The court was required to determine the best interests of the children, particularly in light of the proposed radical change to their living arrangements. Key issues included whether the children's best interests would be served by remaining with the mother, considering their specific needs, including two children with learning disabilities and one with Down Syndrome, and the history of the family's involvement with the Department.

Judge Willis reasoned that the children's best interests were served by remaining with the mother. This decision was made in the context of the father's actions at separation and his subsequent remarriage, which represented a substantial shift for the children. The court acknowledged the long-standing involvement of the Department of Child Safety in the family's affairs.

By consent, the court ordered that four of the children would live with the mother, while one child would live with the father. Both parents were granted equal shared parental responsibility for the long-term care, welfare, and development of all five children. The orders further detailed arrangements for school holidays, other times with parents, telephone and Skype communication, changeovers, and general provisions regarding medical appointments, notification of address changes, emergencies, and communication about the litigation. The Independent Children's Lawyer was to be discharged upon compliance with the orders.