Hurst and Hurst (No. 2)

In *Hurst and Hurst (No. 2)*, Brown J of the Family Court of Australia considered parenting orders concerning the child B, born in October 2000. The dispute arose from the wife's application to discharge previous final parenting orders made by consent in December 2003, and to substitute them with orders for supervised time between B and the husband. The husband had responded seeking unsupervised alternate weekend contact. The parties, with the support of the independent children's lawyer, had largely resolved their differences, but a specific issue remained regarding the commencement of changeover arrangements for B's time with his father.

The primary legal issue before the court was the appropriate arrangement for the commencement of the husband's time with B, specifically whether the husband should collect B from school on Friday afternoons to commence his alternate weekend time, or if changeovers should continue to occur at the maternal grandmother's home. This issue was framed against the broader context of establishing equal shared parental responsibility, with B to live with the wife, and a phased introduction of time with the husband, including supervised contact periods initially.

Brown J reasoned that while the Family Law Act 1975 encourages meaningful parental involvement, including in school life, the court must prioritise B's best interests. The judge noted that the husband's desire to collect B from school was understandable for normalising the father-son relationship and allowing some fleeting contact with B's school environment. However, considering B's past anxieties and the need for adaptation to the new parenting regime, the court determined it would be prudent to defer the school pick-up arrangement until the third school term of 2008. Until then, changeovers would continue at the maternal grandmother's home. The court found comfort in expert evidence indicating B related well with his father, suggesting a strong potential for re-establishing their relationship.

The court made orders by consent for most issues, including discharging previous parenting orders, B living with the wife, equal shared parental responsibility, and a detailed schedule for B's time with the husband. Crucially, the court ordered that the husband's collection of B from school on Friday afternoons would commence in the third school term of 2008, and until that time, all changeovers would occur at the maternal grandmother's home. Further orders included restraints on alcohol consumption and exposure to pornography for the husband, mandatory counselling for the husband, and prohibitions on denigration of either parent in B's presence. The independent children's lawyer was to be discharged upon notification of the orders to the Department of Human Services, Victoria.