HORVILL & KENT; HORVILL & CARR

In *Horvill & Kent; Horvill & Carr* [2013] FamCA 826, the Family Court of Australia considered parenting orders concerning two children. The applicant father sought orders regarding the children's living arrangements and parental responsibility, while the respondents included the mother and Ms Carr. The core of the dispute revolved around the mother presenting as an unacceptable risk of psychological harm to the children.

The court was required to determine the best interests of the children, specifically whether to grant the father sole parental responsibility for their long-term care, welfare, and development, and whether the children should live with the father. Further issues included the nature and extent of the mother's time with the children, and the implementation of appropriate safeguards to protect the children from psychological harm. The court also considered the role of an independent children's lawyer and the need for injunctions to manage the parties' interactions and communications.

Justice Tree applied the principles of the *Family Law Act 1975* (Cth), particularly sections 60CA and 60CC, which mandate the court to consider the best interests of the child. The court found that the mother posed an unacceptable risk of psychological harm to the children, necessitating orders that prioritised their safety and well-being. This led to the father being granted sole parental responsibility and the children living with him. The mother's time with the children was significantly restricted to supervised contact at a designated centre, with specific provisions for communication and information sharing between the parents. Injunctions were also issued to prevent the mother from contacting certain authorities regarding the children and to restrict her contact with Ms Carr. The court also ordered the parties to attend a post-separation parenting program.