HIGGINS & HIGGINS

The matter involved a dispute between the Applicant Mother and the Respondent Father concerning parenting orders for their three children. The daughter, aged 17, was living with the mother, while the two sons, aged 15 and 10 years 8 months, were living with the father. The court was required to decide whether equal time with each parent was in the best interests of the children and reasonably practicable, and whether substantial and significant time with each parent was in the children's best interests and reasonably practicable. This was in the context of a family violence order being in force against the father in favour of the mother and the daughter.

The court considered the paramount consideration was the best interests of the children, and whether the children could spend substantial and significant time with each parent. The court examined the evidence and submissions from both parties, and found that the children had different relationships with each parent, and that the older children had expressed a preference to live with the father. The court also noted the family violence order, but found that it did not preclude the children from spending time with the father. The court concluded that it was in the best interests of the children to have equal shared parental responsibility, with the daughter living with the mother, the middle son living with the father, and the youngest son spending significant time with both parents. The court made detailed orders for the children's time with each parent, as well as orders for communication, travel, and other matters.

The court ordered that the mother and father have equal shared parental responsibility for the children. The daughter was to live with the mother, and the middle son was to live with the father. The youngest son was to spend substantial and significant time with both parents, with detailed arrangements set out in the orders. The mother was permitted to travel outside Australia with the daughter, provided she gave the father written notice and an itinerary. The father was permitted to travel outside Australia with the two sons, provided he gave the mother written notice and an itinerary. The court also made orders for communication between the children and each parent, travel with the children, and other matters such as school reports, school functions, and changes of contact details or address. The parties were restrained from using the children to pass messages, discussing the orders or proceedings with the children, or denigrating or criticising each other or members of each other’s family to the children or in their presence or hearing. The Registrar was directed to release the children's passports to the appropriate parent.