Hatton and Hatton (No. 2)

This case involved an application by the father for a review of interim parenting orders made by a Judicial Registrar, and for orders regarding equal shared parental responsibility and time spent with the children. The mother sought to continue the existing orders. The court was also asked to determine how the fees of a single expert, Dr R, were to be paid.

The primary legal issues before the court were: (1) whether to vary the existing interim parenting orders concerning the time the children would spend with each parent; (2) whether to make an order for equal shared parental responsibility; and (3) how to ensure payment of Dr R's fees. The court was required to consider the best interests of the children, including the benefit of a meaningful relationship with both parents and the need to protect them from harm, as well as other relevant factors under section 60CC of the *Family Law Act 1975* (Cth).

Justice Watts determined that the presumption of equal shared parental responsibility did not apply in this interim matter due to concerns about family violence and the father's poor impulse control, as evidenced by his criminal record and past behaviour. The court found that, on an interim basis, the existing arrangements established by the Judicial Registrar were in the children's best interests, particularly given the level of tension between the parties and the father's aggressive nature. The court also ordered the father to pay Dr R's fees of $8,800, with a mechanism for enforcement through A Service Limited if payment was not made within 14 days.

The court made orders dismissing the father's application for review, granting the mother sole parental responsibility for decisions concerning the children's education and medical treatment (to be made after consultation with the father), restraining both parents from making demeaning comments about each other, and directing the payment of Dr R's fees and a further sum of $15,000 to Karras Partners from monies payable to the husband. The court also included particulars of obligations and consequences of contravention in the orders, as set out in a Fact Sheet.