HILLIARDS & WILLMOTT

In the matter of Hilliards & Willmott, heard by Judge Obradovic, the dispute concerned competing applications for live with orders concerning four children, all of whom had been diagnosed with special needs. The proceedings also addressed concerns regarding a risk of harm and the capacity of each parent to meet the children's needs, particularly in circumstances where the children had not been living in accordance with prior orders.

The court was required to determine the paramount consideration of the children's best interests, assessing which parent was better placed to meet their complex needs. This involved evaluating the parents' respective capacities to manage the children's special needs, addressing any identified risks of harm, and considering the children's current living arrangements and their impact.

The court's reasoning focused on the father's demonstrated capacity to meet the children's specific needs, particularly in light of their special needs diagnoses. The judge found that the father was better positioned to provide the stability and care required. Consequently, the court discharged all prior parenting orders and made orders granting the father sole parental responsibility for the children, with the children to live with him. The mother was granted specific time with the children, and detailed provisions were made regarding communication, information sharing, and the involvement of the children's grandparents. The orders also included provisions for the parties to refrain from making derogatory remarks about each other in the children's presence and to keep each other informed of the children's medical and personal details.