Hickson and Hickson

This case involved an application by the mother, Ms Hickson, seeking to change the residence of the parties' two children, B and C, from their father, Mr Hickson, to her care. Final consent orders made in 2007 had previously established the children's living arrangements with the father and outlined the mother's time with them. The father sought to dismiss the mother's application and confirm the existing orders.

The primary legal issues before the Court were whether there had been a significant change in circumstances warranting a variation of the existing orders, and consequently, whether the children should continue to reside with the father or change their residence to the mother's care. The Court was also required to consider whether the parties should continue to have equal shared parental responsibility, given evidence of their communication difficulties and past failure to consult on long-term care matters. The Court also had to assess the father's alleged recovery from an alcohol abuse problem and the mother's history of assault convictions, as well as the fact that the youngest child, F, remained in the care of the Director-General of the Department of Family and Community Services.

The Court's reasoning focused on the mother's failure to substantiate her allegations of inadequate or negligent care by the father. While acknowledging the parties' communication challenges and the concerning history involving their third child, F, the Court found that the mother had not demonstrated a sufficient change in circumstances to justify altering the children's primary residence. The Court noted the father's efforts to address his alcohol issues and the mother's own convictions for assault. The Court ultimately decided to discharge all existing orders relating to B and C and made new orders that maintained equal shared parental responsibility, with the children to live with the father. The Court also made specific orders regarding the mother's time with the children, communication protocols between the parties, and a prohibition on the children being brought into contact with a Mr E.

The Court ordered the discharge of all existing orders relating to the children B and C. It was ordered that the parties have equal shared parental responsibility for the children, and that the children live with the father. The Court also made detailed orders regarding the mother's time with the children, mirroring many of the provisions of the 2007 consent orders, and stipulated that communication between the parties regarding the children should commence by email and SMS. The Court further ordered that the mother ensure the children not be brought into contact with Mr E, and that both parties enrol in and complete an after-separation parenting course. All outstanding applications and cross-applications were dismissed.