Jessen & Whitehouse - [2023] FedCFamC2F 459

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Jessen & Whitehouse [2023] FedCFamC2F 459

File number(s): SYC 2633 of 2020

Judgment of: JUDGE MORLEY

Date of judgment: 24 April 2023

Catchwords: FAMILY LAW – parenting – application for final orders – where children are in their late teenage years – where one child lives with the Mother and the other lives with the Father – assessment of the childrens’ best interests – assessment of the nature and extent of the time the children spend with their parents respectively

Legislation:
Evidence Act 1995 (Cth) s 140

Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DA, 65DAA, 65DAB, 62G

Cases cited:
A & A & The Child Representative [1998] FamCA 25

Grella & Jamieson [2017] FamCAFC 21

Harridge and Anor & Harridge and Anor [2010] FamCA 445

Isles & Nelissen [2022] FedCFamC1A 97

Johnson & Page [2007] FamCA 1235

M v M (1988) 166 CLR 69

Napier & Hepburn [2006] FamCA 1316

W & W (Abuse Allegations: Unacceptable Risk) [2005] FamCA 892

Division: Division 2 Family Law

Number of paragraphs: 298

Date of last submission/s: 1 July 2022

Date of hearing: 8-10 November 2021 and 2 May 2022

Place: Sydney

Counsel for the Applicant: Mr Schonell

Solicitor for the Applicant: Fresh Legal Solutions

Counsel for the Respondent: Ms Hamilton

Solicitor for the Respondent: Litigant in person

Counsel for the Independent Children’s Lawyer for X: Ms Treherne

Solicitor for the Independent Children’s Lawyer for X: Legal Aid NSW Suburb AU Family Law

Counsel for the Independent Children’s Lawyer for Y: Ms Knight and Mr Blank

Solicitor for the Independent Children’s Lawyer for Y: Laura K Law
ORDERS

SYC 2633 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MS JESSEN

Applicant

AND:
MR WHITEHOUSE

Respondent

AND:
INDEPENDENT CHILDREN'S LAWYER

order made by:

JUDGE MORLEY

DATE OF ORDER:

24 April 2023

THE COURT ORDERS THAT:
1.The parents have equal shared parental responsibility for their children X born in 2005 (‘X’) and Y born in 2007 (‘Y’).
2.Y live with her Father.
3.During school term time, Y spend time with her Mother each alternate weekend from the end of school (or 3:00PM if not a school day) on Friday until 7:00PM on Sunday, with the first such occasion of time to occur on Friday, 28 April 2023.
4.During school holidays, Y spend time with her Mother:
(a)For the school holidays occurring at the end of Terms 1, 2, and 3 – for half of each school holiday period, being the first half of such school holidays that commence in an even numbered year and the second half of such school holidays that commence in an odd numbered year;
(b)For the school holidays occurring at the end of Term 4 – for half of the school holiday period, with such time to be on a week-about basis unless Y wishes that the time she spends be in one block equal to half of the school holiday period, and starting with the first week of such school holidays that commence in an odd numbered year and the second week of such school holidays that commence in an even numbered year.

5.Notwithstanding any other order herein, unless otherwise agreed in writing between the parents, Y shall spend time with her parents during the Christmas and New Year period as follows:
(a)With her Father:
(i)In odd numbered years from 4:00PM on Christmas Eve to 7:00PM on Boxing Day;
(ii)In odd numbered years from 4:00PM on New Year's Eve to 7:00PM on New Year’s Day.

(b)With her Mother:
(i)In even numbered years from 4:00PM on Christmas Eve to 7:00PM on Boxing Day;
(ii)In even numbered years from 4:00PM on New Year’s Eve to 7:00PM on New Year’s Day.

6.Notwithstanding any other order herein, unless otherwise agreed in writing between the parents, Y shall spend time with her parents during Easter time as follows:
(a)With her Father;
(i)In even numbered years from 10:00AM on Good Friday until 7:00PM on Easter Saturday;
(ii)In odd numbered years from 7:00PM on Easter Saturday until 10:00AM on Easter Monday.

(b)With her Mother:
(i)In odd numbered years from 10:00AM on Good Friday until 7:00PM on Easter Saturday;
(ii)In even numbered years from 7:00PM on Easter Saturday until 10:00AM on Easter Monday.

7.Y spend time with her Father on the Father’s Day weekend from 5:00PM on the Saturday prior to Father’s Day to 7:00PM on Father’s Day.
8.Y spend time with her Mother on the Mother’s Day weekend from 5:00PM on the Saturday prior to Mother’s Day to 7:00PM on Mother’s Day.
9.Changeovers are to occur by the parent into whose care Y is travelling collecting Y from:
(a)If occurring at the conclusion of Y’s school attendance, the school at which Y attends from time to time; or
(b)By Y travelling by public transport; or, if neither 9(a) nor 9(b) are applicable,
(c)From the residence of the parent out of whose care Y is travelling.

10.In the event that the Mother is unable to effect changeover of Y by collecting Y at the conclusion of school, then she is to notify the Father by no later than 3:00PM on the preceding Wednesday so that the parents can arrange changeover to occur at an agreed later time.
11.In the event that changeover occurs by Y taking public transport, the parent from whose care Y is departing is to notify the parent into whose care Y is passing of that fact no later than 24 hours beforehand so that the parent into whose care Y is passing can make appropriate arrangements for Y’s travel from the relevant train station to that parent’s home.
12.In the event that both the Father and Y’s step-mother Ms B are unavailable to care for Y during the time Y would ordinarily be living with her Father pursuant to these orders due to overnight work or travel commitments, family emergencies, or other unforeseen circumstances, the Father shall give the Mother the first opportunity to care for Y.
13.The parties are permitted to travel with Y during their time with Y in accordance with these orders, outside of the Commonwealth of Australia on the following conditions:
(a)They provide at least 60 days’ notice of the intended travel to the other parent;
(b)They provide confirmation that the intended travel location is a country with a level l “Exercise Normal Precautions” travel advice/rating issues by the Department of Foreign Affairs and Trade (or comparable rating issued by the Australian Government from time to time);
(c)The other party consents to the intended travel within 7 days of being notified, prior to any booking being made, with that consent not to be unreasonably withheld;
(d)At least 14 days prior to the proposed travel, the travelling parent provide to the other any contact number for the child during the travel period, if different to their usual contact number, a full itinerary, flight numbers, accommodation details and a copy of the travel insurance policy for the child.
(e)The non-travelling parent shall have at least two scheduled telephone calls between them and Y each week of travel while Y is traveling.

14.The Father retain Y’s passport other than at such times that the Mother would require same for travelling.
15.The Father provide to the Mother Y’s passport no later than one week prior to travel outside the Commonwealth of Australia by Y with her Mother, and the Mother is to return Y’s passport to the Father within one week of returning.
16.Family Therapy with therapist, Mr C, continue between the Mother and Y until such time as Mr C advises it is appropriate to conclude the therapy sessions.
17.The Mother and the Father are to ensure that Y continues to attend upon her psychologist Ms D as required by Y.
18.Y is to attend on paediatrician Dr E, or such other paediatrician as referred to by Dr E or Y’s regular general practitioner, once in each 12 month period from April 2023, or more frequently if indicated and referred by Y’s regular GP.
19.The parents shall ensure that the other is kept informed of:
(a)any medical problems or illnesses suffered by Y while in their care;
(b)any medication that has been prescribed for Y;
(c)any social, school or religious functions which Y is to attend;
(d)any medical practitioners that Y has received treatment from and
(e)any other matter relevant to Y’s welfare.

20.In the event that Y is hospitalised or receiving medical attention, the parent with whom Y is in the care of shall notify the other parent as soon as practicable after the first contact with either the medical practitioner, medical centre or hospital, and in any event within two (2) hours.
21.Each of the parties is restrained from making comments derogatory of the other parent, any member of the other parent’s family, or any member of the other parent’s household, in the presence or within the hearing of Y.
22.Each of the parties is restrained from allowing Y to remain in the presence of or within the hearing of any other person making comments derogatory of the other parent, any member of the other parent’s family, or any member of the other parent’s household.
23.Each of the parties is restrained from discussing these proceedings with Y, including showing Y any document from these proceedings, or discussing any document used in or in conjunction with these proceedings with Y, other than informing Y of the final orders of the Court.
24.That these orders are authority for any medical practitioner, dentist, counsellor or other health professional who treats Y to provide information to the other parent upon request by the other parent, to the extent permitted by law.
25.Each parent is permitted to liaise directly with Y’s school, sporting bodies and/or extra-curricular organisations to obtain any necessary information about Y’s progress, and these orders are authority for the school, sporting bodies, and/or other organisations to release such information as requested by the other parent to the extent permitted by law.
26.These orders are authority for Y’s school to provide both parents with copies of Y’s school reports, newsletters, photograph order forms and invitations to attend any activities which parents are invited to attend, and for both parents to be named on all school and extracurricular records as emergency contacts.
27.Each parent is permitted to attend parent-teacher interviews, concerts, carnivals and other events involving Y’s school, or in the context of extra-curricular activities to which parents are ordinarily invited, even if that event occurs at a time when Y is in the care of the other parent pursuant to these orders.

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym Jessen & Whitehouse has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE MORLEY:
INTRODUCTION

These are parenting proceedings between the Applicant Mother, Ms Jessen (‘the Mother’), and the Respondent Father, Mr Whitehouse (‘the Father’). The proceedings relate to the parenting arrangements for the parties’ children X born in 2005 and Y born in 2007. The final hearing was heard over four days on 8 to 10 November 2021 and 2 May 2022, with written submissions being filed and served up to 1 July 2022. Judgment was reserved on 7 July 2022.
At the time the hearing concluded X was 16 years and 9 months of age and Y was 14 years and 6 months of age. X is now 17 years and 8 months of age, turning 18 in 2023, and Y is 15 years and 6 months of age.
During the course of the proceedings, and in consequence of events bearing on the individual best interests of each of the children, separate Independent Child’s Lawyers were appointed for X and Y (‘X’s ICL’ and ‘Y’s ICL’ respectively).
At the final hearing, the Mother was represented by Mr Schonell of counsel and the Father by Ms Hamilton of Counsel. X’s ICL was represented by Ms Treherne of Counsel and Y’s ICL was represented by the late Ms Knight of Counsel in November 2021 and by Mr Blank of counsel in May 2022.
Several of the issues that were traversed in the evidence in chief and during cross examination in the final hearing have fallen away consequent upon subsequent events, the contents of a Statement of Agreed Facts dated to May 2022,[1] and the fact that X will be 18 years of age in 2023.
[1] Exhibit ICLB14.
The principal (but not the only) issue for determination is what time Y should spend with her Mother. The Father proposes that such time be on alternate weekends from 6:00PM Friday until 7:00PM Monday during school term time, half of each school holidays on a week-about basis and defined time at Christmas and New Year. The Mother proposes that such time be on a week-about basis during school term time, for half of the school holidays and for defined times at Christmas, New Year, Easter, Mother’s Day and birthdays.
An issue relating to Y’s preference for following a vegan diet took up considerable time during the hearing in cross examination of the parties, but I find that the issue of Y’s diet was effectively resolved by the section in the Statement of Agreed Facts of 2 May 2022 under the heading “Paediatrician”. Y attended upon paediatrician, Dr E in April 2022 and the “paediatrician has prepared a report from the appointment and has indicated that Y is in good health, that Y’s diet and supplementation support her well and may be continued, that no signs of eating disorder or disordered eating were noted”. The report itself is Exhibit R2.
I further base that finding on the contents of Exhibit A7, a letter dated 9 May 2022 from Dr E, Paediatrician and Adolescent Physician, to Y’s general practitioner, Dr F, commenting that “Y… is a 14 year old girl in good general health with appropriate supports in place”, bearing in mind that Dr F’s referral of Y to Dr E was for assessment in relation to her general health in the light of Y’s adherence to a vegan diet.
The evidence deals with an accepted risk to Y presented by X in consequence of certain behaviours by X consequent upon his mental health condition and behavioural disorders, and certain conduct by X between June 2018 and February 2020 (between the ages of 12 and 14 years) amounting to “inappropriate acts of sexual conduct and sexualised behaviours” (Family Report dated August 2021 – Exhibit ICLB2).
At the time of the hearing X was living with his Mother and spending limited time with his Father, and Y was living with her Father spending limited time with her Mother following a period of time when the relationship between Y and her Mother had been in serious breach.
THE MATERIALS RELIED UPON AT HEARING
The Mother relied upon the following materials:
(1)Outline of Case Document filed November 2021;
(2)Second Further Amended Initiating Application filed 20 October 2021;
(3)Minute of Orders sought on behalf of the Applicant Mother being Exhibit A6;
(4)Affidavit of the Mother affirmed 14 October and filed 15 October 2021, together with Exhibit “1”;
(5)Affidavit of the Mother affirmed 2 November and filed 3 November 2021;
(6)Affidavit of Ms G, the Mother’s sister, affirmed electronically and filed on 14 October 2021;
(7)Affidavit of Ms H, the former wife of the Father following his divorce from the Mother, affirmed electronically and filed on 14 October 2021;
(8)Affidavit of Ms J, the children’s maternal grandmother, affirmed electronically and filed on 14 October 2021;
(9)Affidavit of Ms K, a friend of the Mother, affirmed electronically and filed on 14 October 2021;
(10)Affidavit of Mr L, family therapist for the Mother the Father and the children, affirmed electronically on 11 October and filed 14 October 2021;
(11)Affidavit of Dr F, Y’s general practitioner, affirmed electronically and filed on 20 October 2021;
(12)Written Submissions on behalf of the Mother prepared by Mr Schonell of counsel and filed 27 May 2022; and
(13)Written Submissions in Reply on behalf of the Mother prepared by Mr Schonell of counsel and filed 1 July 2022.
The Father relied upon the following materials:
(1)Outline of Case Document prepared by Ms Hamilton of counsel and filed 5 November 2021;
(2)Amended Response to Application for Final Orders filed 20 September 2021;
(3)Minute of Final Orders sought by the Father being Exhibit R1;
(4)Affidavit of the Father filed 15 October 2021 and affirmed in Court on 9 November 2021;
(5)Affidavit in Reply by the Father filed 29 October 2021 and affirmed in Court on 9 November 2021;
(6)Affidavit of Ms B, the Father’s de facto partner, filed 14 October 2021 and affirmed in Court on 10 November 2021; and
(7)Written Submissions prepared by Ms Hamilton of counsel and filed on 6 June 2022.
In the Father’s Outline of Case Document, counsel indicated that the Father would rely on an Affidavit in Reply by Ms B adopted by electronic signature on 29 August 2021 and filed 29 October 2021, but after objection for the Mother, counsel for the Father advised that the affidavit was not read in the Father’s case.[2]
[2] Transcript 8 November 2021 page 7, lines 3 to 28.
The X’s ICL relied on the following materials:
(1)Outline of Case document filed 5 November 2021;
(2)Affidavit of Mr M, forensic psychologist treating X, sworn or affirmed 2 November and filed 3 November 2021; and
(3)Written Submissions and Minute of Orders prepared by Ms Treherne of counsel.
Y’s ICL relied upon the following materials:
(1)Outline of Case document filed 2 November 2021;
(2)Affidavit of Ms D, treating psychologist for Y, filed 13 October 2021 and affirmed in Court on 10 November 2021;
(3)Affidavit of Mr C, family therapist for the Mother and Y, filed 1 November 2021 and confirmed in oral evidence in chief in Court on 2 May 2022; and
(4)Written Submissions and Minute of Orders prepared by Mr Blank of counsel dated 16 May 2022.
In addition to the exhibits already mentioned above, the following exhibits were admitted into evidence:
(1)Exhibit ICLB1 – being a 22 page bundle of Department of Communities and Justice documents paginated as pages 106 to 128 inclusive;
(2)Exhibit ICLB2 – being the Family Report prepared by Family Consultant Ms N dated 4 August 2021;
(3)Exhibit ICLB3 – being two pages of handwritten clinical notes by Mr V on “AZ Psychology” letterhead dated 22 July 2020;
(4)Exhibit ICLB4 – being three pages of handwritten clinical notes of Mr V on “AZ Psychology” letterhead dated 16 September 2020;
(5)Exhibit ICLB5 – being one page of handwritten clinical notes of Mr V on “AZ Psychology” letterhead dated 4 August 2021;
(6)Exhibit ICLB6 – being a three page Department of Communities and Justice record of a home visit regarding Y on 10 September 2019;
(7)Exhibit ICLB7 – being two pages of typed clinical notes by Mr V titled “X” dated 11 October 2021;
(8)Exhibit ICLB8 – being a one page print of an email from the Father to Ms D dated May 2020 paginated as page 326;
(9)Exhibit ICLB9 – being a one page print of an email from the Father to Ms D dated 14 May 2020 paginated as page 330;
(10)Exhibit ICLB10 – being two pages of screenshots of text messages between Y and the Mother produced by the Father and paginated as pages 268 to 270;
(11)Exhibit ICLB11 – being one page of handwritten notes of Mr V on “AZ Psychology” letterhead dated 23 March 2022;
(12)Exhibit ICLB12 – being four pages of handwritten notes of Mr V dated 9 November 2021;
(13)Exhibit ICLB13 – being two pages of handwritten notes of Mr V dated 15 February 2022;
(14)Exhibit ICLB14 – being a Statement of Agreed Facts for Final Hearing dated 2 May 2022;
(15)Exhibit A1 – being a 21 page bundle of documents being clinical notes, records and email correspondence of Mr C regarding treatment of the Mother and Y and paginated as pages 2 to 33 and 64 to 70;
(16)Exhibit A2 – being a 29 page bundle of documents including correspondence, clinical notes and records of Mr M regarding treatment of X and paginated as pages 34 to 63;
(17)Exhibit A3 – being a Certificate by AY Counselling NSW confirming the Mother’s attendance at an eight week relationship education program named “BA Program”;
(18)Exhibit A4 – being a 10 page bundle of documents regarding the HSC ranking comparison of P School and O School Town AE campus;
(19)Exhibit A5 – being a three page document on BB Psychology letterhead regarding Dr U’s qualifications, employment history, professional presentations, memberships and publications;
(20)Exhibit A7 – being a letter dated 9 May 2022 from Dr E to Dr F correcting Dr E’s letter dated 19 April 2022 regarding Y;
(21)Exhibit A8 – being a Medical Certificate dated 13 December 2021 for Y by Dr BC;
(22)Exhibit A7a – being notes by Ms D dated 2 April 2020;
(23)Exhibit A8b – being notes by Ms D dated 22 April 2020;
(24)Exhibit A9 – being a print of an email from the Father to Ms D of 14 May 2020 (incorrectly stated thereon as 10 May 2020);
(25)Exhibit A10 – being notes by Ms D dated 5 November 2020;
(26)Exhibit A11 – being notes by Ms D dated 10 June 2021;
(27)Exhibit A12 – being a 2 page letter from Dr BD to Associate Professor Mr W dated 22 February 2019 and paginated as pages 24 and 25;
(28)Exhibit A13 – being consultation notes of Dr F dated 5 November 2018 and paginated as page 37;
(29)Exhibit A14 – being counselling notes by Ms BE for Y dated 13 February 2019 and paginated as pages 43 and 44;
(30)Exhibit A15 – being counselling notes by Ms BE for Y dated 26 May 2015 and paginated as pages 46 and 47;
(31)Exhibit A16 – being counselling notes by Ms BE for Y dated 22 May 2015 and paginated as page 49;
(32)Exhibit A17 – being notes by Ms BF relating to Y dated 25 May 2020 and paginated as pages 64 and 65;
(33)Exhibit A18 – being the Region BG Community Health Discharge Summary for X dated August 2019 paginated as pages 21 and 22;
(34)Exhibit A19 – being Progress Notes by psychologist Ms BH for X dated 27 February 2019 paginated as page 96;
(35)Exhibit A20 – being Progress Notes by psychologist Ms BH for X dated 27 February 2019;
(36)Exhibit A21 – being telephone call records from Ms BH to Ms BJ of the Department of Communities and Justice paginated as pages 430 and 431;
(37)Exhibit R2 – being a four page letter from Dr E to Dr F on “BK Health Care” letterhead entitled “Y” dated 19 April 2022;
(38)Exhibit R3 – being a Department of Communities and Justice report dated 14 April 2020 and paginated as pages 37 to 45;
(39)Exhibit R4 – being a print of an email from Ms BL, triage caseworker, regarding feedback advice dated 22 June 2021 and paginated as page 184;
(40)Exhibit R5 – being a Safety Plan for Y at Q School paginated as pages 185 to 188;
(41)Exhibit R6 – being a NSW Health – Region AG Local Health District discharge referral notes for Y dated May 2020 paginated as pages 228 to 238;
(42)Exhibit R7 – being Suburb AD Hospital Assessment documents in relation to Y dated May 2020 paginated as pages 239 to 242;
(43)Exhibit R8 – being Suburb AD Hospital notes in relation to Y paginated as pages 243 and 244;
(44)Exhibit R9 – being print of text messages between Y and the Mother for the periods 9 June 2021 to 29 June 2021, and 26 August 2021 to 10 September 2021 and paginated as pages 269 and 270;
(45)Exhibit ICLM1 – being a one page list of materials provided by Y’s ICL to Family Consultant Ms N.

At the commencement of the hearing a document was provided to the Court by consent between the parties setting out the Mother’s objections to the Father’s affidavit affirmed 14 October 2021 and the affidavit of Ms B (‘Ms B’) affirmed 14 October 2021 and the Father’s response to those objections. By consent, the material not pressed was struck out and the material pressed remained in evidence.
The Mother was cross examined by counsel for the Father and each of the ICLs. The Mother’s witnesses Ms G, Ms H and Ms J were cross examined for the Father. The Mother’s witnesses Dr F, Ms K and Mr L were not required for cross examination.
The Father was cross examined by counsel for the Mother and each of the ICLs, and the Father’s witness Ms B was cross examined by the Mother and X’s ICL.
The expert witnesses for Y’s ICL, Mr C and Ms D, were both cross examined by counsel for the Mother, the Father and X’s ICL.
The expert witness for X’s ICL, Mr M, was cross examined by counsel for the Mother, the Father, and Y’s ICL.
The Family Report writer, Ms N, was cross examined for the Mother, the Father and each of the ICL.
In preparation for these Reasons I have had regard to all of the material relied upon by the parties and each of the ICLs, the exhibits, and the audio recording transcripts of the hearing.
THE COMPETING PROPOSALS OF THE PARTIES AND THE INDEPENDENT CHILD’S LAWYERS
The Mother sought the following orders as set out in the Mother’s Minute of Orders:[3]
[3] Exhibit A6.
1.That all existing Orders regarding the children [X] born [in] 2005 ("[X]") and [Y] born [in] 2007 ("[Y]") be discharged.
Parental responsibility
2.The Mother and the father have equal shared parental responsibility for [X] ("[X]") born [in] 2005 and [Y] ("[Y]") born [in] 2007 in relation to their long term care, welfare and development.
3.The parties be at liberty to make any day to day decisions in relation to the health and medical needs of the children whilst the children are in their care, and will advise the other party of any relevant issues within 24 hours of such issue occurring, except in relation to emergencies which require attendance of police, ambulance or hospitalisation, where either parent will notify the other immediately upon such occurrence.
Live with and spend time with arrangements
4.[X] live with the Mother.
5.[Y] live with the father until 20 December 2022 and thereafter to live with both parents as outlined in the orders below.
6.[X] shall spend time with the Father as agreed, and failing agreement, on each alternate weekend commencing week one from Friday at 3:00pm to Sunday at 7:00pm, ensuring that on these weekends [Y] also spend time with the Father.
7.[X] spend additional time with the Father as agreed between the parties.
8.From the date of these Orders until 30 January 2023, [Y] shall spend time with the Mother as agreed, and failing agreement, on each alternate weekend commencing week two from Friday at 3:00pm to Sunday at 7:00pm, ensuring that on these weekends [X] also spend time with the Mother.
9.From 30 January 2023, [Y] shall spend time with the parents as follows, except during School Holiday Periods which will be in accordance with Orders below:-
10.Unless otherwise agreed in writing between the parents, [Y] spend time with the parents in a week about arrangement, ·with the first week with the Father from 3.00pm or after school on Friday until 3:00pm on Friday and the second week with the Mother from 3:00pm or after school on Friday until 3.00pm on Friday. The week that [Y] lives with the Father shall fall on a week that the [Ms B] children are present in the Father's household and on a weekend that [X] is present in the Father's household. The week that [Y] lives with the Mother shall fall on a week that [X] is present in the Mother's household.
Schooling
11.[Y] shall complete Year 9 at [O School] in 2022.
12. [Y] shall be enrolled to attend [P School] to commence in Year 10 in January 2023, and shall commence attending that school from Year 10 in January 2023 and complete her high schooling at that school, noting that [P School] is located half way between the parents' respective homes.
13.That the Mother and the Father do all acts and things and sign all documents and all authorities necessary to enrol [Y] in [P School] for the commencement of Year 10 in January 2023 at least 60 days before the commencement of the 2023 school year.
14.[X] shall continue to attend [Q School] from the date of these orders and shall complete his high schooling at that school.
15.Each parent is permitted to liaise directly with [Y]'s school, sporting bodies and/or extra-curricular organisation to obtain any necessary information about the children's progress; and these Orders are authority for the school, sporting bodies and/or other organisations to release such information as requested by the other parent
16.These Orders are authority for [Y]'s school to provide to both parents with copies of [Y]'s school reports, newsletters, photograph order forms and invitations to attend any activities which parents are invited to attend and for both parents to be named on all school and extracurricular records as emergency contacts.
17.Each parent is permitted to attend parent-teacher interviews, concerts, camps, carnivals and other events involving [Y]'s school, or in the context of extra curricular activities to which parents are ordinarily invited, even if that event occurs at a time when [Y] is in the care of the other parent pursuant to these Orders.
School holiday periods
18.During the Term 1, 2 and 3 school holidays each year, the time in the orders above shall be suspended and the children shall spend time with the parents as agreed in writing, or failing agreement as follows:
18.1In week one, the children shall spend time with the Father from the first Saturday at 10:00am after Term ends until the following Saturday at 7:00pm; and
18.2In week two, the children shall spend time with the Mother from Saturday at 7:00pm until the day that School resumes.
19.During school holidays at the conclusion of term four (4) in each year, the time in the orders above shall be suspended and the children shall spend time with the parents as agreed in writing, or failing agreement as follows:
20.      in each odd-numbered year:
20.1     for the first half of the school holidays with the Father; and
20.2     for the second half of the school holidays with the Mother;
21.      in each even-numbered year:
21.1for the first half of the school holidays with the Mother; 2l.2for the second half of the school holidays with the Father; and
22.For the purpose of Order 16 changeover is to occur on the Saturday which falls in the middle of the school holiday period.
23.Notwithstanding any other order, unless otherwise agreed in writing between the parents:
23.1the children shall spend time with the Father:
23.1.1In odd numbered years from 4:00 pm on Christmas Eve to 7:00pm on Boxing Day;
23.1.1In odd numbered years from 4:00pm on New Year's Eve to 7:00pm on New Years Day.
23.2     the children shall spend time with the Mother:
23.2.2In even numbered years from 4:00 pm on Christmas Eve to 7:00pm on Boxing Day;
23.2.3In even numbered years from 4:00pm on New Year's Eve to 7:00pm on New Years Day.
24.Notwithstanding any other order, unless otherwise agreed in writing between the parents, for the Easter holiday period the children spend time with the parents as follows:-
24.1     The children shall spend time with the Father:
24.1.1In even numbered years from 10:00am on Good Friday until 7:00pm on Easter Saturday;
24.1.2In odd numbered years from 7:00pm on Easter Saturday until 10:00am on Easter Monday.
24.2     The children shall spend time with the Mother:
24.2.1In odd numbered years from 10:00am on Good Friday until 7:00pm on Easter Saturday;
24.2.2In even numbered years from 7:00pm on Easter Saturday until 10:00am on Easter Monday.
25If not specifically referred to otherwise the commencement of time on a non-school day shall be at 10:00am and the conclusion of time shal1 be at 7:00pm.
26In the event the Father is in Sydney, the parents shall communicate with one another and use their best endeavours to facilitate time between [X] and the Father.
27In the event the Mother is on the [Region AG], the parents shall communicate with one another and use their best endeavours to facilitate time between [Y] and the Mother.
Special occasions
28For the purposes of the following special occasions the parties' usual time with the children in accordance with the above orders is suspended and the parties shall spend time with the children as follows;
29.For each child's birthday, the non caring parent will spend time with the child whose birthday falls on that day, and the other child together, as follows:
i.On a non-school day, for at least four hours, and failing agreement, from 1pm to 5pm on that child's birthday; and
ii.On a school. Day, for at least three hours, and failing agreement, from 3pm to 6pm on that child's birthday.
iii.In addition to the above, if either parent arranges a birthday party on a weekend falling before or after the child's birthday, the other parent shall ensure the child whose birthday it is, together with the other child, will attend the party for the period of the party, provided at least 14 days notice to the other parent is given and not overnight unless otherwise agreed.
30.For each of the parent's birthdays, the children spend time with each parent on their birthday and, failing agreement, from 1pm to 5pm on a non-school day and from 3pm to 6pm on a school day; and
30.1In addition to the above, if either parent arranges a birthday party on a weekend falling before or after their birthday, the other parent shall ensure the children will attend the party for the period of the party, provided at least 14 days notice to the other parent is given and not overnight unless otherwise agreed.
30.2In addition to the above, if either parent provided at least 14 days notice to the other parent of a family event, family birthday party, or other special family occasion, as the notified parent shall ensure the children will attend the event for the period of the event and overnight if the event is interstate, unless otherwise agreed.
30.3On Father's Day the children shall spend time with the Father from 5pm on the Saturday prior to Father's Day to 7pm on Father's Day.
30.4On Mother's Day the children shall spend time with the Father from 5pm on the Saturday prior to Mother's Day to 7pm on Father's Day.
31.The parties shall ensure the children attend further family events with the other party including but not limited to:
31.1The children's milestones such as school award ceremonies or assemblies, graduations, concerts, camps and birthday parties;
31.2     Visiting a family member who is ill in hospital or aged care settings;
31.3     Family weddings or engagement parties;
31.4     Family funerals.
Changeover
32Changeovers may occur by car or public transport and the mode of transport for each changeover shall be decided by the parent :from whose care the children are departing from.
33If changeover occurs by car, the parent with the children shall deliver the children to the other parent's residence at the commencement of time and the other parent shall deliver the children back to the other's residence at the conclusion of time.
34       The parent with the care of the children when they are due to travel shall:
34. 1Facilitate the children embarking on a service which disembarks at the train station nearest the other parent; and
34.2Promptly notify the other parent via text of the childrens' arrival time.
35       On arrival the other parent shall:
35.1Promptly notify the other Parent via text that the children have arrived.
36For weekend spend time arrangements, the parents shall ensure that the children embark for travel after school on Friday at the commencement of time.
37For weekend spend time arrangements, if public transport is being used, the parents shall ensure that the children disembarks by 7:00pm on Sunday at the conclusion of time.
38If public transport is being used for non-school days, the parents shall ensure that the children disembark by 10:00am at the commencement of time, and the Father shall ensure that the children disembarks by 7:00pm at the conclusion of time.
Father's Travel
39Should the Father travel interstate or overseas for work commitments, [Y] and [X] shall live with the Mother during that travel time.
Travel
40The parties be permitted to travel with the children during their time with the children in accordance with these orders, outside of the state of New South Wales but within the Commonwealth on Australia on the following conditions:
a.They provide at least 14 days of the intended travel to the other parent;
b.At least 7 days prior to the proposed travel, the travelling parent provide to the other any contact number for the children during the travel period, if different to their usual contact number, a full itinerary, flight numbers, accommodation details and a copy of the travel insurance policy for the children.
c.The parties agree that the non-travelling parent shall have at least 2 scheduled telephone calls between them and the children per week of travel while they are traveling.
41The parties be permitted to travel with the children during their time with the children in accordance with these orders, outside of the Commonwealth on Australia on the following conditions:
42       They provide at least 60 days' notice of the intended travel to the other parent;
43Confirmation that the intended travel location is a country with a level l "Exercise Normal Precautions" travel advice/rating issues by the Department of Foreign Affairs and Trade (or comparable rating issued by the Australian Government from time to time;
44The other party consent to the intended travel within 7 days of being notified, prior to any booking being made, with that consent not to be unreasonably withheld;
45At least 14 days prior to the proposed travel, the travelling parent provide to the other any contact number for the children during the travel period, if different to their usual contact number, a full itinerary, flight numbers, accommodation details and a copy of the travel insurance policy for the children.
46The parties agree that the non-travelling parent shall have at least 2 scheduled telephone calls between them and the children per week of travel while they are traveling.
47Unless otherwise agreed the parties be at liberty to take the children on 3 interstate holidays per year and 1 overseas holiday per year.
48The Mother shall retain possession of the children's passports.
49The parties do all things and sign all documents necessary to obtain and maintain passports for the children with a validity of at least 6 months, with the costs shared equally between the parties.
50For the purpose of international travel, the Mother in possession of the children's passports deliver the passport to the Father at least 14 days prior to intended departure and the Father return the passports no more than 7 days after returning to Australia
51Should the passports be required for visa applications, the Mother provide the children's passports to the Father within 7 days of any request made by the Father in writing.
Extra-curricular activities
52Should either parent wish to arrange any extra-curricular activity or service, sporting activity or service, tutoring or support service, weekend, holiday or other care, or any other service, activity or event for the children, that parent will:
52.1 Arrange the service, activity or event to occur within their scheduled time with the children unless otherwise agreed between the parents
52.2Facilitate all travel to and from the service, activity or event unless otherwise agreed between the parents, and
52.3Assume all related costs of the service, activity or event.
Additional orders
53The children be at liberty to contact the non caring parent via telephone and/or Face Time at least each alternate night between 9 and 9:30 pm with the telephone calls to be more than 15 minutes but not to exceed 30 minutes, with the caring parent to ensure the children are both available to participate in the call and the non caring parent to initiate the call. The non caring parent shall not call the children multiple times a day when the children are not in their care.
54Each parent shall facilitate all reasonable requests made by the other parent to communicate with the children on these special occasions:, the children's respective birthdays, either parent's birthday, Mother's Day, Father's Day, Easter, Christmas Day, and New Years.
55Subject to the written approval of both of the parents of [Mr R], [Ms S] and [Mr T] ("the [B] children"), X shall be able to spend overnight time with the Father in the presence of the [B] children provided adequate supervision is conducted by the Father and his partner [Ms B] and that X is provided his own private bedroom that is not shared with any other child of the Father's household and has use of a bathroom with a lock.
56 [X] is to have his own private bedroom in each household.
57 [Y] is to have her own private bedroom in each household, or she shall only share a room with female siblings.
58Therapy ·with therapist, [Mr C], continue with the Mother and [Y] until such time as [Mr C] advises it is appropriate to conclude the therapy sessions.
59The parties are to participate in Family Therapy with a family therapist, [Dr U].
60The family therapy shall commence in May, with the Mother meeting ·with the family therapist alone, and then in June with the Father meeting with the family therapist alone, followed in July by the children attending family therapy with the parents in a shuttle style arrangement, whereby [Y] and [X] will attend a session with the Mother, and then the following session will see [Y] and [X] attend a session with the Father.
61The level and extent of [X]'s involvement in family therapy will be decided in consultation between the family therapist, the parents and [X].
62The parties are to participate in the family therapy for at least 12 months, or as recommended by the family therapist.
63[Y] is to attend on paediatrician [Dr E], or such other paediatrician as referred by [Dr E] or [Y]'s regular GP, once in each 12 month period from April 2022, or more frequently if indicated and referred by [Y]'s regular GP.
64That the Father shall, within 14 days from the date of these orders, take steps to obtain a referral to a psychologist, and attend on that medical professional to assist him in working through his feelings and attitude toward [X], and may provide a copy of the Family Report of [Ms N] dated 4 August 2021 and a copy of these orders to assist him in obtaining the therapeutic support.
65Within 14 days from the date of this order, the parents will attend on Psychologist, [Mr V] to develop a plan to manage the inconsistencies between the Mother and Father's households which have made [X]'s transition between the households problematic, particularly in respect to the disciplinary actions taken by the parents in the event of any troubling behaviours exhibited by either [X] or [Y]. Upon the development of such a plan, the parents agree to implement such a regime in their respective households.
66       Both parties are restrained from:
i.Discussing these proceedings with the children, with the exception of advising the children in relation to their movements in accordance with these orders;
ii.Discussing where the children should live;
iii.Denigrating the other parent or the other parent's family in the presence or hearing of the children, and will use their best endeavours to ensure that no third party denigrates the other parent or other parent s family in the presence or hearing of the children;
iv.Behaving in an abusive or coercive manner toward the other, or allowing any other person to do so;
v.Passing messages to the other parent through the children;
vi.Discussing any issues, including contact arrangements, planned holidays or other matters requiring agreement, with the children prior to consultation with the other party as required by these orders, or allowing any other person to do so;
vii.Allowing the children to have electronic devices in their bedrooms one hour before bedtime and overnight;
viii.Smoking cigarettes, e-cigarettes or illicit substances or consuming alcohol to excess when the children are in their care;
ix.dictating diet restrictions, activities, conversations and any other type of parenting decisions whilst the children are in the other parent's care.
67Each party be at liberty to provide a copy of these orders to the children's schools and all treatment providers as necessary.
68Each party take all steps to ensure that the children attend upon their treating health practitioners ("the children's treaters"), and follow all reasonable recommendations of the children's treaters, including attending upon any sessions with the children's psychologists only if recommended by the treatment providers.
69Each parent shall be permitted to receive and provide information to each of the children's schools, therapists, psychologist, paediatricians, medical practitioners, specialists, dentists and orthodontists, dieticians and nutritionists, family therapists and any other treatment providers, and these Orders are authority for the schools, therapists, psychologist, paediatricians, medical practitioners, specialists, dentists and orthodontists, dieticians and nutritionists, family therapists and any other treatment providers to release such information as requested by the other parent.
70Each parent shall provide the other parent with any and all information received from or in relation to the children's schools, therapists, psychologist, paediatricians, medical practitioners, specialists, dentists and orthodontists, dieticians and nutritionists, family therapists and any other treatment providers. Should the children exercise medical confidentiality· over their information, but there is a risk to that child's health or safety, the any confidentiality request shall be superseded by these Orders as authority for the schools, therapists, psychologist, paediatricians, medical practitioners, specialists, dentists and orthodontists, dieticians and nutritionists, family therapists and any other treatment providers to release such information as requested by the parents.
71The parties shall ensure that the children will have a minimum of annual dental and medical check ups claimed on the Father's private health fund. If the Mother pays for the children's expense claimable on the Father's and children's private heath fund, the private health fund gap will reimbursed to the Mother and the Father shall provide evidence of the reimbursement amount to the Mother from the children's health fund. Any additional medical and dental expenses shall be shared between the parties, including any orthodontic or optical expenses.
72That the parents shall communicate regarding their children in writing by SMS or email.
73Each parent shall keep the other advised of all treating medical practitioners, including therapists, psychologists, paediatricians, medical practitioners, specialists and family therapists, including all appointment details for each treatment provider.
74Both parties shall follow the directions of each of the children's treating medical practitioners, including therapists, psychologists, paediatricians, medical practitioners and family therapists, dentists and orthodontists and ensure the children attend on sessions and the parties attending on sessions if recommended by the provider and shall follow through on reasonable treatment recommendations.
75The parties shall abide by these orders in the event of COVID-19 Local Government Area lockdowns where they live, including for the purposes of changeovers, unless otherwise advised by the Court in which these orders , were made.
76Further to Order 3, both parents shall by virtue of these orders be permitted to attend upon any emergency treatment provider and be able to access information, treatment plans and be consulted in relation to any treatment offered.
77In the event either party is unavailable to care for the children during their time due to overnight work or travel commitments, family medical emergencies or other unforeseen circumstances the other parent is to be given the first opportunity to care for the children and be given notice of same as soon as possible.
78In the event of any dispute as to the interpretation, implementation or enforcement of these orders, including any request to vary, the parties shall first attend Family Dispute Resolutions (FDR) with a FDR practitioner appointed by the parties and make a genuine attempt to resolve the dispute. Failing agreement as to the FDR practitioner, the party raising the dispute shall nominate 3 practitioners and the other party shall select 1 practitioner to engage within 7 days, and the costs of such process to be shared equally between the parties.
79Each parent shall be permitted to provide a copy of the Final Orders in this matter and a copy of the Family Report of [Ms N] dated 04 August 2021 and other relevant sealed documents in these proceedings to a Family Dispute Resolution Practitioner in the event that family dispute resolution is required.
80In the event that either child experiences any circumstance that requires attendance by police, attendance by ambulance or for the child to attend hospital. The parent with the care of the child will notify the other parent urgently by text message.
81In the event that either parent has any knowledge or any concern relating to the children's behaviours, whether behaviours have occurred, are alleged to have occurred, or there is a concern that that mav have occurred, that parent will:
81.1Notifv the other parent as soon as is reasonably practicable by email, providing all details.
81.2Notify the children's treating therapeutic practitioner via email providing all details and include the other parent into any correspondence.
Notations
82The Court notes that it is the parents' intention for [X] to be able to live with his Father while the [B] children are in the Father's household and for this purpose, from the date of these Orders, the parents shall:
82.1Seek professional guidance and recommendations in writing from [X]'s treatment team including Forensic Psychologist [Mr M], Psychologist [Mr V] and Paediatrician Professor [Mr W], that [X] may spend overnight time with the [B] children_ and any guidance on that on an ongoing basis:
82.2The Father will then provide these recommendations to the Parents of the [B] children on an ongoing basis:
82.3The Parents agree that [X]'s spend-time arrangements in the Father's household may continue as outlined in these orders with the [B] children; and
82.4Failing agreement the Parents will be guided by [X]'s wishes, with the guidance of [X]'s psychologists and treaters, and if necessary, thereafter attend family dispute resolution.

The Father sought the following orders as set out in the Father’s Minute of Orders:[4]
[4] Exhibit R1.
1.That all existing Orders regarding the children [X] born [in] 2005 (herein referred to as “[X]”) and [Y] born [in] 2007 (herein referred to as “[Y]”) shall be discharged.
Parental Responsibility
2.The Mother and the Father shall have equal shared parental responsibility for the children.
3.Each Parent shall be responsible for the day-to-day care of the children when they are in their respective care.
Live with
4.        [X] shall live with the Mother.
5.        [Y] shall live with the Father.
Spend time
6.[X] shall spend time with the Father each alternate weekend commencing week one from Friday at 6:00pm to Sunday at 7:00pm.
7.[Y] shall spend time with the Mother each alternate weekend commencing week two from Friday at 6:00pm to Sunday at 7:00pm.
School holidays
8.The children shall spend time with the parents as agreed in writing or failing agreement:
8.1.The children shall spend alternate weeks with each parent by remaining in the care of the parent with whom they have spent the weekend according to the spend-time arrangement outlined in Order 6, until 6pm the following Friday.
8.2.Such time shall commence from the first Friday following the end of each school term (including a Friday that is final day of term) and concludes on the final Friday that falls within each school holiday period.
Special occasions
9.Notwithstanding any other order unless otherwise agreed in writing between the parents, the children shall spend:
9.1.From 4:00pm on Christmas Eve to 7:00pm on Boxing Day in even years with the Mother.
9.2.From 4:00pm on Christmas Eve to 7:00pm on Boxing Day in odd years with the Father.
9.3.From 4:00pm on New Year’s Eve to 7:00pm on New Year’s Day in odd years with the Mother.
9.4.From 4:00pm on New Year’s Eve to 7:00pm on New Year’s Day in even years with the Father.
10.Each parent shall facilitate all reasonable requests made by the other parent to communicate and/or spend time with [X] and/or [Y] on these special occasions:
10.1.    Either child’s birthday;
10.2.    Either parent’s birthday;
10.3.    Easter Sunday;
10.4.    Mother’s Day;
10.5.    Father’s Day;
10.6.    Christmas; and
10.7.    New Year’s.
Changeovers
11.Changeovers may occur by car or public transport and the mode of transport for each changeover shall be decided by the parent from whose care the child is departing from.
11.1.If changeover occurs by car, the parent from whose care the child is departing from shall facilitate travel to the residence of the other parent, arriving by the specified time.
11.2.If changeover occurs by public transport, the parent from whose care the child is departing from shall facilitate the child disembarking at the destination nearest to the other parent by the specified time.
12.Should public transport be used for changeover, the parents shall keep each other informed by text of the children’s departure and/or arrival times and each parent shall notify the other promptly by text when the child who has travelled has entered their care.
Communication
13.The parents agree to treat each other, each member of the other parent’s household and each member of the other parent’s family with respect and courtesy at all times.
14.The parents shall keep each other informed of their contact telephone number and email address and promptly advise of any change of contact details.
15.Each parent shall be permitted to communicate with [X] at any reasonable time and shall provide [X] with privacy in any communication with the other parent.
16.Each parent shall be permitted to communicate with [Y] at any reasonable time and shall provide [Y] with privacy in any communication with the other parent.
17.Each parent shall facilitate any reasonable request made by [X] to communicate with the other parent or with [Y].
18.Each parent shall facilitate any reasonable request made by [Y] to communicate with the other parent or with [X].
Restraints
19.Each parent is restrained from denigrating the other parent, a member of the other parent’s family or a member of the other parent’s household in the presence or within hearing distance of the children.
20.Each parent is restrained from allowing the children to remain in the presence of, or remain within hearing distance of, any person denigrating the other parent, a member of the other parent’s family, or a member of the other parent’s household.
21.Each parent is restrained from discussing these proceedings with the children with the exception of advising the children in relation to their movements in accordance with these Orders.
22.Each parent is restrained from asking the children to pass messages to the other parent and from making arrangements with the children outside of their Ordered time which has not already been agreed between the parents.
23.Each parent shall remove the children from any situation where any person or persons present are heavily intoxicated or behaving in a way that could cause the children distress, fear or emotional, psychological or physical harm.
Medical and therapeutic
24.Each parent shall be responsible for the medical and therapeutic needs of the children when they are in their respective care, including any associated costs.
25.In relation to any medically necessary major medical, dental, orthodontic, optical, surgical or diagnostic imaging costs relating to the children, the parents shall:
25.1.Communicate with each other regarding their financial circumstances and ability to contribute to any associated costs, noting that it is the intention of the parents to assume the costs equally whenever possible;
25.2.In circumstances where either parent is not in a financial position to assume half of the costs, the other parent shall pay for the costs; and
25.3.In circumstances where both parents are not in a financial position to pay for the costs, the children shall receive treatment and care in the public system.
26.Each parent shall ensure that the children continue to access therapeutic support from their treating psychologist/s as needed and as recommended by those therapeutic supports.
27.Each parent is permitted to attend upon any treatment provider and be able to provide information, access information, be provided all documentation and communications and be consulted in relation to the children’s:
27.1.    School;
27.2.    Tutors and educational supports;
27.3.    Sports and extra-curricular contacts;
27.4.    Counsellors;
27.5.    Therapists;
27.6.    Psychologists;
27.7.    Psychiatrists;
27.8.    Paediatricians; and
27.9.    Medical and health practitioners.
28.Each parent shall keep the other parent advised of all appointments with the above- listed services prior to any scheduled appointment and each parent shall be at liberty to attend appointments and/or events.
29.Each parent shall promptly provide the other parent with a copy of any documentation, plans and reports that they have access to regarding the children’s medical and therapeutic diagnoses and treatment by email or otherwise by hard copy.
30.In the event that [X] or [Y] experience any circumstance that requires attendance by police, attendance by ambulance or hospital attendance, the parent with the care of the child/ren involved shall notify the other parent urgently by text.
31.In the event that [X] or [Y] express or experience any of the below, the parent with the care of the child/ren will notify the other parent urgently by text and facilitate the child/ren contacting the other parent as soon as possible:
31.1.Suicidal ideation;
31.2.Self-harming behaviours;
31.3.Any concerning depressive, anxious or other behaviours relating to psychological health or wellbeing;
31.4.Any serious medical or health concerns;
31.5.Any behaviours requiring attendance by a third party.
32.Each parent shall follow through with all reasonable treatment recommendations of the children’s medical and/or psychological treatment providers, including ensuring the children attend upon sessions, each of the parents attend upon sessions as recommended by the treatment providers.
33.Each parent shall be permitted to provide a copy of the Family Report of [Ms N] dated 04 August 2021 to any of the children’s medical or therapeutic treatment providers.
34.Each parent shall be permitted to provide a copy of the Final Orders in this matter to the children’s schools and any of the children’s medical or therapeutic treatment providers.
35.Each parent shall be permitted to provide a copy of the Final Orders in this matter and a copy of the Family Report of [Ms N] dated 04 August 2021 to a Family Dispute Resolution Practitioner in the event that family dispute resolution is required.
36.Should either parent wish to arrange any extra-curricular activity or service, sporting activity or service, tutoring or support service, weekend, holiday or other care, or any other service, activity or event for either child, that parent will:
36.1.Arrange the service, activity or event to occur within their scheduled time with the child/ren unless otherwise agreed between the parents;
36.2.Facilitate all travel to and from the service, activity or event unless otherwise agreed between the parents, and;
36.3.Assume all related costs of the service, activity or event.
Travel
37.Each parent shall be permitted to travel interstate with [X] and/or [Y] during times that they are in their respective care, and outside of this by agreement in writing.
38.If either parent proposes to travel interstate with [X] and/or [Y], the parent who intends to travel shall provide at least one week’s notice to the other parent and will provide an itinerary and contact details.
39.Each parent shall be permitted to remove [X] and/or [Y] from the Commonwealth of Australia during times that they are in their respective care, and outside of this by written agreement between the parents.
40.If either parent proposes to remove [X] and/or [Y] from the Commonwealth of Australia, the parent who intends to travel shall provide at least three weeks’ notice to the other parent and will provide an itinerary and contact details.
41.The parent travelling interstate or internationally with [X] and/or [Y] shall ensure that [X] and/or [Y] are able to contact the other parent at all reasonable times.
42.[X] and/or [Y] may travel interstate or internationally without a parent present by written agreement between the parents.
43.The Mother shall retain [X]'s passport and birth certificate.
44.The Mother shall provide [X]'s passport to the Father at least one week prior to travel, and the Father shall return the passport to the Mother within one week of returning.
45.The Mother shall promptly provide [X]'s birth certificate and/or passport upon request by the Father for any official purpose, and the Father shall promptly return them to the Mother.
46.The Father shall retain [Y]'s passport and birth certificate.
47.The Father shall provide [Y]'s passport to the Mother at least one week prior to travel, and the Mother shall return the passport to the Father within one week of returning.
48.The Father shall promptly provide [Y]'s birth certificate and/or passport upon request by the Mother for any official purpose, and the Mother shall promptly return them to the Father.
49.In the event that both the Father and the children’s step-mother [Ms B] are unavailable to care for the children during the children’s scheduled time with the Father due to overnight work or travel commitments, family emergencies or other unforeseen circumstances, the Father shall give the Mother the first opportunity to care for the children.
50.In the event that the Mother is unavailable to care for the children during the children’s scheduled time with the Mother due to overnight work or travel commitments, family emergencies or other unforeseen circumstances, the Mother shall give the Father the first opportunity to care for the children.
Dispute resolution
51.In the event of any disagreement as to the interpretation, implementation or enforcement of these Orders or regarding any matter relating to the care of the children, the parents shall:
51.1.In the first instance, communicate and make a genuine attempt to resolve the disagreement between themselves; and
51.2.Failing agreement, the parents shall attend family dispute resolution and make a genuine attempt to resolve the disagreement.
52.If a family dispute resolution practitioner is required, the parent raising the dispute shall nominate and notify the other parent of three (3) practitioners located approximately half-way between the households or closer to the other parent’s household, and include at least (2) inexpensive or free options (such as [Z Centre] and [AB Centre]), and the other parent shall select one (1) practitioner to engage within fourteen (14) days.
53.Any associated costs for the family dispute resolution practitioner shall be equally shared between the parties.
NOTATIONS
A.The Court notes that it is the Parents’ intention that the children shall attend high school in the catchment or nearby the residence of the parent with whom they live until the completion of their higher school certificate.
B.The Court notes that it is the Parents’ intention that whenever possible [X] and [Y] will be provided a private bedroom in each household, and will otherwise share a room with a sibling of the same gender.
X’s ICL sought the following orders as set out in the Preliminary Minute of Order annexed to Ms Treherne’s Written Submissions and marked “A”:
1.All previous orders be discharged.
2.The Mother and Father shall have equal shared parental responsibility for [X] born [in] 2005 (X).
3.Each parent shall be responsible for the day-to-day care of [X] when he is in their respective care.
4. [X] shall live with the Mother.
5. [Y] shall live with the Father.
Spend time with orders
6. [X] shall spend time with the Father each alternate weekend commencing week one from Friday at 4:00pm to Sunday at 7:00pm.
7. [Y] shall spend time with the Mother each alternate weekend commencing week two from Friday 4:00pm to Sunday at 7:00pm.
School holiday time
8.During the Terms 1, 2 and 3 school holiday periods each year, the time in orders 6 and 7 shall be suspended and the children shall spend time with the parents as agreed in writing or failing agreement as follows:
8.1in week one, the children shall spend time with the Father from the first Saturday at 10:00am after the Term ends until 7:00pm on the following Saturday; and
8.2in week two, the children shall spend time with the Mother from 10:00am Saturday until 7:00pm the following Sunday before school resumes.
9.During the summer school holiday period at the end of Term 4 in each year, the times in orders 6 and 7 shall be suspended and the children shall spend time with the parents commencing on the first Saturday at 10:00am after the Term ends as follows:
9.1      in each odd-numbered year:
9.1.1    for the first two weeks of the school holidays with the Mother;
9.1.2    for the second two weeks of the school holidays with the Father; and
9.1.3    for the fifth week of the school holidays with the Mother;
9.1.4    for the sixth week of the school holidays with the Father.
9.2      in each even-numbered year:
9.2.1    for the first two weeks of the school holidays with the Father;
9.2.2    for the second two weeks of the school holidays with the Mother; and
9.2.3    for the fifth week of the school holidays with the Father;
9.2.4    for the sixth week of the school holidays with the Mother.
9.3      changeover is to occur on the Saturday which falls in the middle of the school holiday period.
10.If not specifically referred to otherwise the commencement of time on a non- school day shall be at 10:00am and the conclusion of time shall be at 7:00pm.
11.In the event the Father is in Sydney, the Father shall communicate with the Mother and they will each use their best endeavours to facilitate time between [X] and the Father.
Changeovers
12.Changeovers may occur by car or public transport and the mode of transport for each changeover shall be decided by the parent from whose care [X] is departing from.
13.If changeover occurs by car, the Mother shall deliver [X] to the Father’s residence at the commencement of time and the Father shall deliver [X] to the Mother’s residence at the conclusion of time.
14.If changeover occurs by public transport:
14.1The parent with the care of [X] when he is due to travel shall:
14.1.1facilitate [X] embarking on a service which disembarks at the train station nearest the other parent; and
14.1.2promptly notify the other parent via text of [X]'s arrival time.
14.2on arrival, the other parent shall promptly notify the other parent via text that [X] has arrived.
15.If public transport is being used, the parent with the care of [X] when he is due to travel shall ensure that [X] disembarks at the destination nearest to the other parent by 10:00am at the commencement of any time and disembark by 7:00pm at the conclusion of time.
Communication
16.The parents shall keep each other informed of their contact telephone number and email address and promptly advise of any change of contact details.
17.Each parent shall be permitted to communicate with [X] at any reasonable time and the parent with whom [X] is in their respective care shall provide [X] with privacy during any communication.
18.Each parent shall facilitate any reasonable request made by [X] to communicate with the other parent or with [Y].
19.Each parent is restrained from restricting [X] access to any phone, text or email to communicate with the other parent or with [Y] at any reasonable time.
20.Each parent shall facilitate all reasonable requests made by the other parent to communicate with and/or spend time with [X] on these special occasions:
20.1     [X]'s birthday;
20.2     Either parent’s birthday;
20.3     Mother’s Day;
20.4     Father’s Day;
20.5     Christmas Day; and
20.6     New Years.
Restraints
21.      That without admissions, each parent be restrained from:
21.1Exposing the children to violence including physical or verbal threats or intimidation, whether such threats or intimidation or violence be directed at the children, the Mother, the Father or any other member of either parent’s household;
21.2Physically disciplining the children;
21.3Denigrating the other or members of the other parent’s family in the presence or hearing of the children and each parent shall do all acts and things reasonably necessary to prevent any other person doing so;
21.4Conveying messages through the children and or using the children as a go-between to convey messages to each other;
21.5Discussing these proceedings or any issues arising out of these proceedings with the children or permitting any third party to do so;
21.6Making critical or derogatory remarks on any social media platform, such as Facebook or Twitter in relation to the other parent or referring in any way to the proceedings;
21.7Being under the influence of alcohol beyond the legal limit in the presence of the children or whilst the children are in his or her care; and
21.8Bringing the children into contact with any person under the influence of illicit drugs or excessive alcohol consumption.
Communication and information
22.That the Mother and Father be at liberty to receive from any school or extra- curricular organisation that [X] attends, at their own cost, any documents, information or correspondence ordinarily provided to parents, and be at liberty to attend any school or extra-curricular organisation [X] attends for the purpose of any function or event ordinarily attended by parents.
23.That the Mother and Father shall be at liberty to receive from any health professional, who at any time treats [X], all documents, reports, correspondence and information ordinarily provided to parents, and attend any medical appointment ordinarily attended by parents.
24.Each parent shall ensure that [X] continues to access therapeutic support from his treating psychologist/s for as long as deemed necessary by the treating psychologist/s.
25.Each parent shall promptly provide the other parent with a copy of any documentation, information, plans and reports regarding [X]'s medical and therapeutic diagnoses and treatment by email or otherwise by hard copy.
Notifications
26.In the event that [X] experiences any circumstance that requires attendance by police, attendance by ambulance or for [X] to attend hospital, the parent with the care of [X] will notify the other parent urgently by text message.
27.In the event that [X] expresses or experiences any of the below, the parent with the care of [X] will notify the other parent urgently by text message:
27.1Suicidal ideation;
27.2Self-harming behaviours;
27.3Aggressive behaviours;
27.4Violent behaviours;
27.5Any concerning depressive, anxious or other behaviours relating to psychological health or wellbeing; and
27.6Any behaviours requiring attendance by a third party.
28.In the event that either parent has any knowledge or any concern relating to [X]'s behaviours, whether behaviours have occurred, are alleged to have occurred, or there is a concern that they may have occurred, that parent will:
28.1Notify the other parent as soon as is reasonably practicable by email, providing all details.
28.2Notify [X]'s treating therapeutic practitioner via email, providing all details and include the other parent into any correspondence.
Therapeutic supports
29.Each parent shall follow the directions of [X]'s medical and/or psychological treatment providers, including ensuring [X] attends upon sessions, each of the parents attend upon sessions as recommended by the treatment providers and each of the parents shall follow through with all reasonable treatment recommendations.
30.Each parent shall be permitted to provide a copy of the Family Report of [Ms N] dated 04 August 2021 and the Court’s Reasons for Judgment to any of [X]'s medical or therapeutic treatment providers.
31.That the Father shall, within 14 days from the date of these orders, take steps to obtain a referral to a psychologist or psychiatrist, and attend on that medical professional to assist him in working through his feelings and attitude toward [X], and may provide a copy of the Family Report of [Ms N] dated 4 August 2021 and the Court’s Reasons for Judgment to assist him in obtaining the therapeutic support.
32.Within 14 days from the date of this order, the parents will attend on Psychologist, Mr V to develop a plan to manage the inconsistencies between the Mother and Father’s households which have made [X]'s transition between the households problematic, particularly in respect to the disciplinary actions taken by the parents in the event of any troubling behaviours exhibited by either [X] or [Y]. Upon the development of such a plan, the parents agree to implement such a regime in their respective households.
Extra-curricular activities
33.Should either parent wish to arrange any extra-curricular activity or service, sporting activity or service, tutoring or support service, weekend, holiday or other care, or any other service, activity or event for [X], that parent will:
33.1Arrange the service, activity or event to occur within their scheduled time with [X] unless otherwise agreed between the parents
33.2Facilitate all travel to and from the service, activity or event unless otherwise agreed between the parents, and
33.3     Assume all related costs of the service, activity or event.
Travel
34.Each parent shall be permitted to travel interstate with [X] during times that he is in their respective care, and outside of this by agreement in writing.
35.If either parent proposes to travel interstate with [X], the parent who intends to travel shall provide at least one week’s notice to the other parent and will provide an itinerary and contact details.
36.Each parent shall be permitted to remove [X] from the Commonwealth of Australia during times that he is in their respective care, and outside of this by written agreement between the parents.
37.If either parent proposes to remove [X] from the Commonwealth of Australia, the parent who intends to travel shall provide at least three weeks’ notice to the other parent and will provide an itinerary and contact details.
38.The parent travelling interstate or overseas with [X] shall ensure that [X] is able to contact the other parent at all reasonable times.
39. [X] may travel interstate or internationally without a parent present by written agreement between the parents.
40.The Mother shall retain [X]'s passport and birth certificate.
41.The Mother shall provide [X]'s passport to the Father at least one week prior to travel, and the Father shall return the passport to the Mother within one week of returning.
42.The Mother shall promptly provide [X]'s birth certificate and/or passport upon request by the Father for any official purpose, and the Father shall promptly return them to the Mother.
Family Therapy
43.If the parents agree that it would be beneficial for the family to engage in family therapy then, before involving [X] in any of those sessions, the parents shall:
43.1Organise a meeting between [Mr V] and [Mr M] and the proposed family therapist (Treatment Team) so that the medical practitioners may discuss appropriate boundaries to put in place during the therapeutic treatment. The parents shall only participate in this meeting if recommended by the Treatment Team;
43.2Before any proposed engagement pursuant to the plan outlined in 43.1 above, the parents shall arrange for either (or both) of [Mr V] or [Mr M] to have a one on one session with [X] to discuss the proposed treatment and encourage him to attend; and
43.3If [X] agrees to attend the family therapy sessions, he shall do so in line with the boundaries specified in 43.1 and the parents each agree to follow those boundaries strictly for the purposes of such therapy.
44.The Father shall, within 7 days from the date of these orders, enrol in and complete:
44.1     A post-separation parenting course; and
44.2     ‘Tune into Kids’ program,
facilitated by any registered or authorised provider.

Y’s ICL sought the following orders as set out in the Amended Minute of Order attached as “A” to Mr Blank’s Written Submissions:
1.That the Mother and Father have equal shared parental responsibility for the child [Y] born [in] 2007 ("[Y]").
2.That [Y] live with the Father.
3.That the Mother and Father engage in family therapy with a therapist as agreed between the parents and failing agreement with [Dr U] ("The Family therapist").
4.That the Mother and Father follow all recommendations given by the family therapist, including ensuring [Y]'s attendance at any therapy sessions which [Y] is requested to attend by the therapist.
5.That [Y] spend time with the Mother as agreed between the parents, and for the purposes of reaching such agreement the parents shall have regard to any recommendations made by the family therapist.
6.The Mother and the Father are to ensure that [Y] continues to attend upon family therapy with the Mother and assisted by [Mr C].
7.The Mother and the Father are to ensure that [Y] continues to attend upon her psychologist [Ms D] as required by [Y].
8.That [Y] and [X] are each to have their own private bedroom in each household.
9.The parents shall ensure that [X] is restricted from entering any room in which [Y] is sleeping, toileting, bathing, changing clothes or any other activity of a private nature, or during a time when [Y] has expressed fear or anxiety and has requested that [X]'s access to her person be restricted for her safety and wellbeing.
10.The parents shall not leave the children in each other child's company unsupervised for more than 30 minutes or as otherwise agreed between the parents.
11.That the Mother and Father refrain from discussing any aspect of these proceedings, or allow any other persons to do so, within the presence or hearing distance of [Y].
12.That the Mother and Father refrain from denigrating each other, or allow any other persons to do so, within the presence or hearing distance of [Y].
13. The parents shall ensure that the other is kept informed of:
a.any medical problems or illnesses suffered by [Y] while in their care;
b.any medication that has been prescribed for [Y];
c.any social, school or religious functions which [Y] is to attend;
d.any medical practitioners that [Y] has received treatment from and
e.any other matter relevant to [Y]'s welfare.
14.In the event that [Y] is hospitalised or receiving medical attention, the parent with whom [Y] is in the care of, shall notify the other parent as soon as practicable after the first contact with either the medical practitioner, medical centre or hospital, and in any event within two (2) hours.
15.That these Orders are authority for any medical practitioner, dentist, counsellor or other health professional who treats [Y] to provide information to the other parent upon request by the other parent, to the extent permitted by law.
16.Each parent is permitted to liaise directly with [Y]'s school, sporting bodies and/or extra-curricular organisation to obtain any necessary information about [Y]'s progress; and these Orders are authority for the school, sporting bodies and/or other organisations to release such information as requested by the other parent to the extent permitted by law.
17.These Orders are authority for [Y]'s school to provide to both parents with copies of [Y]'s school reports, newsletters, photograph order forms and invitations to attend any activities which parents are invited to attend and for both parents to be named on all school and extracurricular records as emergency contacts.
18.Each parent is permitted to attend parent-teacher interviews, concerts, carnivals and other events involving [Y]'s school, or in the context of extra-curricular activities to which parents are ordinarily invited, even if that event occurs at a time when [Y] is in the care of the other parent pursuant to these Orders.
THE PROCEEDINGS
The Mother commenced the proceedings by filing her Initiating Application seeking parenting orders on 30 April 2020, to which the Father responded on 13 May 2020.
On 18 May 2020 urgent “interim/interim” orders were made providing for Y to remain in her Father’s care and X to remain in his Mother’s care until 22 May 2020, for both children to thereafter reside with their Mother and to each spend separate time with their Father pending an interim hearing on 26 June 2020. Orders were made appointing an ICL for each of the children in consequence of the asserted risk that X’s behaviours presented for Y.
On 26 June 2020 orders made by consent, and there is some importance in including full text of those orders in these Reasons:
1.That [X] (“[X]) born [in] 2005 live with the Mother.
2.That [Y] (“[Y]”) born [in] 2007 live with the Father.
3.Notwithstanding any other order unless otherwise agreed in writing between the parents [X] and [Y] spend time with their Mother and Father in a four-week cycle as follows:
3.1Week one: [X] spends time with his Mother and [Y] spends time with her Father from 3.00pm or after school on Friday to 6.00pm on Sunday;
3.2Week two: [X] spends time with his Father and [Y] spends time with her Mother from 3.00pm or after school on Friday to 6.00pm on Sunday;
3.3Week three: [X] and [Y] spend time with their Mother from 3.00pm or after school on Friday to 6.00pm on Sunday; and
3.4Week four: [X] and [Y] spend time with their Father from 3.00pm or after school on Friday to 6.00pn on Sunday.
4.The Father is restrained from bringing [X] into contact with children of this partner, [Ms B] (“the B children”), without the written consent of the Mother.
5.[Y] and [X] are each to have their own private bedroom in each household.
6.That the parents shall ensure that [X] is restricted from entering any room in which [Y] is sleeping, toileting, bathing, changing clothes or any other activity of a private nature, or during a time when [Y] has expressed fear or anxiety and has requested that [X]'s access to her person be restricted for her safety and wellbeing.
7.That the parties shall not leave the children in each other child’s company unsupervised for more than 30 minutes or as otherwise agreed between the parties.
8.That the parties shall be permitted to communicate with [X] at all reasonable times and the parent with whom [X] is residing shall provide [X] with privacy at all these times.
9.That the parties shall be permitted to communicate with [Y] at all reasonable times and the parent with whom [Y] is residing shall provide [Y] with privacy at all these times.
10.Each parent shall facilitate all reasonable requests made by the children to communicate with the other child by telephone or video link.
11.That both parents shall be permitted to change [Y]'s school to [O School] or [AC School] and [X] to [Q School].
Special occasions:
12.Notwithstanding any other Order and unless otherwise agreed [Y] and [X] spend time with their Mother on the following occasions:
12.1From 3.00pm or after school on Friday immediately before Mother’s Day until Sunday at 6.00pm;
12.2In even numbered years from 5.00pm on Christmas Even until 9.00am on Boxing Day.
13.Notwithstanding any other Order and unless otherwise agreed [Y] and [X] spend time with their Father on the following occasions:
13.1From 3.00pm or after school on the Friday immediately before Father’s Day until Sunday at 6.00pm;
13.2In odd numbered year from 5.00pm on Christmas Eve until 9.00am on Boxing Day.
Changeover
14.On a day that [Y] attends school changeover will be facilitated by the Mother collecting [Y] from school.
15.On a day that [Y] does not attend school changeover will occur at [Suburb AD Train Station] with the Father to drive [Y] to [Suburb AD Train Station] and the Mother to collect her from that location.
16.On a day that [X] attends school changeover will occur at [X]'s school or if by prior arrangement, [X] will travel to [Town AE] Train Station and be collected by his Father from there.
17.On a day that [X] does not attend school changeover will occur via the Father taking [X] to [Town AE] Train Station and the Mother collecting him from her nearest train station.
Additional Orders
18.Each of the parties is restrained from denigrating the other parent, a member of the other parent’s family, or a member of the other parent’s household in the presence or within the hearing of the children or either of them.
19.Each of the parents is restrained from allowing the children or either of them from remaining in the presence of or remaining within the child/children’s hearing of any person denigrating the other parent, a member of the other parent’s family, or a member of the other parent’s household.
20.Each of the parties is restrained form discussing these proceedings with the exception of advising the children or either of them in relation to their movements between households, pursuant to these orders.
21.Each of the parties is restrained from discussing the issue of where the children or either of them will live with the children or either of them.
22.Each parent shall be permitted to receive and provide information to each of the children’s:
22.1     Schools;
22.2     Therapists;
22.3     Psychologists;
22.4     Paediatricians;
22.5     Medical practitioners;
23.In the event that either child experiences a medical emergency which requires the attendance of police or ambulance and hospitalisation the parent with the care of the child will forthwith notify the other parent by SMS.
24.Both parents shall by virtue of these orders be permitted to attend upon any emergency treatment provider and be able to access information, treatment plans and be consulted in relation to any treatment offered.
25.Each parent shall keep the other advised of all treating medical practitioners including therapists, psychologists, paediatricians and psychiatrists.
26.Each parent shall advise the other of all appointments for the children in relation to order (22) herein prior to the appointment and both parents shall be at liberty to attend such appointments subject to the consent of the therapist.
27.That both parties will follow the directions of the children’s medical, psychological treatment including ensuring the children attend on sessions and the parties attending on sessions as recommended and also the parties shall follow through on all reasonable treatment recommendations.
NOTATION:
A.That the Mother is intending to move to the [Region AF] or Sydney and in the event that she does so it is the Mother’s intention to brain a 2 bedroom unit with a sunroom. The sunroom will be [Y]'s bedroom.
B.That in the event that [X] is staying with the Father Order (5) herein does not preclude [X] sleeping in another child’s bedroom as long as that child is not present.
C.That in the event that the Father is in Sydney that the parties shall communicate with other another and use their best endeavours to facilitate time between [X] and his Father.
D.That in the event that the Mother is on the [Region AG] that the parties shall communicate with one another and use their best endeavours to facilitate time between [Y] and her Mother.
E.That the parties will use their best endeavours to place a lock on each of the children’s bedrooms.
F.The parties shall consider [AC School] as a placement for [Y] and if it is not suitable [Y] will be enrolled in [O School].
An order was made under section 62G of the Family Law Act 1975 (“the Act”) on 10 August 2020. The resulting Family Report by Family Consultant Ms N dated 4 August 2021 was released by order on 5 August 2021.
On 30 August 2021 the matter was expedited and set down for final hearing on 8 to 10 November 2021. The hearing did not conclude in the three days allocated and carried over part heard to 2 May 2022 when the oral evidence was completed and directions were made in relation to any further tenders and for the submission of written submissions for each of the parties and each of the ICLs, as detailed above.
THE EVIDENCE
The parties met in 1997 and commenced a relationship in 1998. The Father says that they commenced cohabitation by moving in together in Sydney in 1998, whereas the Mother asserts in her evidence that they commenced cohabitation in 1999. They moved to City AH in 2001, married in 2002 in City AH. Then returned to Sydney in 2007, separated on 26 April 2010 when X was 4 years of age and Y was 2 years of age, and divorced on 13 April 2012.
X was born in 2005 and Y was born in 2007.
In 2007, X had an allergic reaction to Nuts and he has been diagnosed as allergic to Nuts and carries an EpiPen.
In 2010 X was diagnosed with behavioural reactions to some foods, “and some additives”.
Due to an incident occurring at Christmas time in 2008 relating to X’s health, the parties and children were estranged from the paternal grandparents until some re-establishment of contact between the Father and his parents and the children and their paternal grandparents in about September 2021.
In 2009, X was diagnosed with a behavioural disorder. In 2016, he was diagnosed with behavioural disorders with learning difficulties. In 2019, X was diagnosed with a medical condition by Associate Professor Mr W. The Mother ceased contract work and obtained a carer’s pension so as to be a full-time carer for X.
Shortly after the parties’ separation, the Father re-partnered with Ms H (a witness in the Mother’s case) and they married in 2013 and separated in October 2018.
In 2019, the Father commenced cohabitation with his new partner Ms B. Ms B has three children from a previous relationship, R, S (known as S), and T (known as T), who were 11 years, 9 years and 6 years of age respectively at the time of the hearing.
The Father said in his affidavit of 14 October 2021 that the children:
live with us 60% of the time and with their Father [Mr AJ] 40% of the time according to a formal parenting arrangement that includes time during school term and during school holidays.
Those details are found in the affidavit of Ms B, where she deposes in paragraph 4 that the formal parenting agreement:
includes a week-around arrangement from Friday to Friday during school terms, and the children living with me each weekday and some weekends in the holiday period at the end of each school term.
Ms B deposes that each of her three children are formally diagnosed with a medical condition, and that S and T have been diagnosed with a behavioural disorder.
Following the parties’ separation, X and Y remained living with the Mother. As she was working full-time, she was materially assisted in the care of the children by the maternal grandparents, Mr AL and Ms J (the latter being a witness in the Mother’s case).
On separation, the parties agreed upon a “nesting arrangement” whereby the Father would stay at the Mother’s home on some weekends to spend time with the children while the Mother spent time elsewhere. From November 2011, the Father spent time with the children on an average of four nights per fortnight and for half of each school holiday period in a combination of overnight time with the children at the home he shared with Ms H at Suburb AM and a continuation of the nesting arrangement at the Mother’s then-home at Suburb AN.
From February 2013 until October 2014, the parents shared care of the children on a week-about basis. In October 2014, this arrangement ceased and the Mother resumed as primary carer for the children, with the children being the Father’s care for five nights per fortnight.
From April 2015 to April 2016, the Father travel between Country AO and Sydney as his then-wife, Ms H, was living and working in Country AO. The Father says that he spent:
around three weeks at a time in each location, and the children spent most of the time with me each time I stayed in Sydney.
The Mother refers this period of time as the Father spending 15 months overseas and seeing the children on occasions when he returned to Sydney. Ms H returned reside with the Father in Sydney in 2017 at Suburb AP.
In 2015, the Father advised the Mother that the children would be strict vegans whilst in his care.
In mid-2018, X engaged in sexualised behaviour whilst attending an appointment with his speech pathologist.
In June 2018, an incident occurred between X and Y. Y reported to her Mother not that the incident involved X engaging in or attempting direct sexualised behaviour with Y, but that the incident caused her to feel “uncomfortable”. Y later expanded her description of the incident in November or December 2019 when talking to friends at school to include an assertion that X “stroked her inner thigh three times and touched her vulva”.[5]
[5] Exhibit R3, 41.
As a result of a chain of communication of what Y had disclosed from one of her friends to that friend’s parent, that parent to the school, and from the school a mandatory report to Family and Community Services[6] (‘FACS’), police and FACS became involved. During a home visit to the Mother, Y, and X by a FACS case worker on 10 September 2019, Y was interviewed by the case worker who made a note that:
[Y] has no worries with [X] and is not scared of him. She feels comfortable with him.[7]
[6] This entity is now known as the Department of Communities and Justice.
[7] Exhibit ICLB6.
In August 2018 an incident occurred in the Father’s home between X, then-aged 13 years, and S, then-aged 6 years, involving X engaging in sexualised behaviour whilst he and S were alone in a room. The Mother asserts that she was first told of the incident in November 2018 by Ms H rather than the Father at about the time of the incident.
The Mother asked X about the incident and received information that caused her concern. She consulted X’s psychologist and general practitioner. A mandatory report was made to FACS by one of the medical professionals involved, and the Mother was contacted in January 2019 by a FACS officer and told that the police wanted to interview X in February 2019 about the incident. The Mother refused to allow X to be so interviewed based on legal advice she received. FACS’ investigation into the incident was closed in early 2020.
Ms B deposes that:
A safety protocol restricting [X] from coming into physical contact with my children has been in place since 1 March 2019, following [X]’s alleged sexual assault of [S] in 2018 and the resulting Family and Community Services (“FACS”) investigation.
In 2018, X deliberately dangerously dangled himself on the balcony of the Mother’s home at Suburb AQ, causing the Mother to seek the assistance of emergency services. X was admitted to hospital for overnight observation and engagement with psychological support services. The Mother resigned from full-time work so as to be available to supervise X before and after school and she devised a safety plan for her home with the assistance of a child psychologist.
In 2019 the Father and Ms B moved in together at Suburb AR, together with her children R, S, and T. They remained residing at Suburb AR through to the end of the hearing. Y began spending time with their Father on weekends when Ms B’s children were present, and X began spending time with his Father without Y on weekends when Ms B’s children were not present. In practice, the arrangement resulted in Y spending more time with her Father than X.
From September 2019, the parents arranged a regular routine where X spent time with his Father on one night per fortnight during school week (later increased to two nights per fortnight) and one other afternoon during the school week. Y continued to spend time with her Father every second weekend.

Each of the parents have taken every opportunity offered to them to participate in making decisions about Y’s long-term issues, to spend time with her and to communicate with her. At various times, each was prevented by the other, or the other and Y’s own wishes and actions, from spending time with her and/or communicating with her to the extent that parent desired, but there is no indication of any failure through either desire or fault of either parent to take such opportunities.
The extent to which each of Y’s parents has fulfilled, or failed to fulfil, the parent’s obligations to maintain Y.
The Mother gave evidence about the Father’s demands to recover money he had paid to the Mother for child support for the benefit of both X and Y. I do not find that this consideration assists in determining what orders are proper to be made for Y with her interests as the paramount consideration.
The likely effect of any changes in Y’s circumstances, including the likely effect on Y of any separation from either of her parents, or any other child, or other person with whom she has been living.
Y’s current circumstances are that she lives with her Father and spends alternate weekends during school term time with her Mother, with occasional extra nights during the week, and block time during the school holidays of up to six nights. Any extra time that Y spends with her Mother is currently a matter for Y’s wishes, facilitated by the ever improving relationship between Y and her Mother through the family therapy with Mr C.
The Father proposes that the current circumstances continue on a final basis.
Y’s ICL proposes that the time Y spends with the Mother be as agreed between the parents with the parents having regard to any recommendations made by a family therapist appointed by orders (Dr U is proposed) to conduct family therapy for the parents with the inclusion of Y as determined appropriate by the therapist.
The Mother proposes that there be a significant change in Y circumstances in that at a point nine months from the end of the hearing (that period of time having elapsed noting that judgment was reserved only in July 2021) orders provide for Y to spend equal time with each of her parents on a week-about basis.
I find overwhelmingly on the evidence that such a change would be starkly contrary to Y’s wishes, would lead to a resentment of Y towards her Mother and blaming of her Mother for Y being required by Court order to live other than as she wishes and as she herself considers the best arrangement in her own interests and so would lead to a serious and probably immediate deterioration once again in the relationship between Y and her Mother which may or may not be able to be repaired again through therapy.
I find that the change in Y circumstances as proposed in the orders sought by the Mother is most certainly not in Y’s best interests.
The practical difficulty and expense of Y spending time with and communicating with a parent and whether that difficulty or expense will substantially affect Y’s right to maintain personal relations and direct contact with both parents on a regular basis.
The Father lives at Suburb AR on the New South Wales Region AG and the Mother lives at Suburb AW in Sydney’s Region AF suburbs. There is about one and a half hours travel time between the parents’ residences (give or take traffic delays). The distance is patently no inhibitor to Y spending weekend time with either parent and certainly no inhibitor to Y spending time during school holidays with either parent.
If the orders for Y’s future parenting sought by the Mother are made, then she would be living on a week-about basis between her parents. Mr Schonell put to Ms N during cross examination that in circumstances where Y lived on a shared care arrangement between her parents, it would be appropriate, and render such an arrangement practicable, if she attended a school that was roughly equidistant between the parents’ residences. Ms N twice emphatically rejected that suggestion, on the basis that the travel involved every school day (the distance of travel in those circumstances being similar from either parent’s home) was too extensive to be in Y’s best interest.
My consideration of the primary considerations and the additional considerations makes it most plain that an order for Y to live in a shared care arrangement on a week-about basis between the parents is not in her best interests and it is a necessary corollary that it is in her best interests to attend school, as she is doing, closer to her Father’s place of residence.
The practical difficulty and expense inherent in the distance between the parents’ place of residence does not substantially affect Y’s right to maintain personal relations and direct contact with both parents on a regular basis.
The capacity of each of Y’s parents and any other person to provide for the needs of Y, including her emotional and intellectual needs.
Each of the parents is eminently capable of providing for Y’s needs, including her emotional and intellectual needs. Y chooses to have the greater part of her needs provided for by her Father and she chooses to live principally in his household. As the matter evolved, the circumstances that subsisted at the end of the final hearing were starkly distinct from the circumstances that subsisted at the end of the third day of hearing, since Y was choosing to spend time with her Mother on alternate weekends and on a part school holiday basis. The Mother will provide for her needs during those occasions.
The therapy that Y and the Mother have undertaken with Mr C has armed the Mother with an understanding of Y’s emotional needs so as to enable her to provide for those emotional needs, including giving an understanding of the difference between validating Y’s views of her own lived experiences as opposed to agreeing with the accuracy of Y’s views of her own lived experience, an understanding that has and should continue to enable Y and her Mother to avoid the tensions and clashes that so damaged their relationship in the past.
The maturity, sex, lifestyle and background (including lifestyle, culture and traditions) of Y and of either of Y’s parents, and any other characteristics of Y that the Court thinks are relevant.
Y is now 15 and a half years of age, an age at which it is quite common for the Court to refuse to make specific orders in relation to care arrangements; an age at which it is quite common for the Court to give significant weight to the wishes of the child.
Y has herself, with the assistance of the family therapy with Mr C, established the current regime of time with her Mother. I find that to tamper extensively with that regime so accepted by Y would be to wind matters back to their November 2021 state and endanger, perhaps on a permanent basis, the Mother/child relationship.
Other than those matters going to Y’s current age and level of maturity, I find there is nothing to be considered in relation to culture, lifestyle, and background that assist in determining what orders are proper to be made for Y’s parenting with Y’s interests as the paramount consideration.
The attitude to Y, and the responsibilities of parenthood, demonstrated by each of Y’s parents.
Each of the parents has demonstrated an attitude to the responsibilities of parenthood and to Y’s best interests that they each believed at the time was concentrated upon Y’s best interests and her maximum safety and welfare. Though either may have acted in a manner excessive in the circumstances or have acted in a manner that validated Y’s expressed views and assertions of her life experiences when those views and assertions may not have been entirely accurate, they each acted in the manner they considered honestly to be in Y’s best interest at the time.
Though there are objective criticisms that could be made of the attitude to Y of each of the parents through the period from 2017 to the present, the reality of the current circumstances and Y’s age and the strength of her generally held views dictate that there is nothing to be gained now towards Y’s best interests by traversing those criticisms.
PARENTAL RESPONSIBILITY –SECTION 61DA
The presumption set out in section 61DA that it is in Y’s best interest for her parents have equal shared parental responsibility for her applies in this case and is not rebutted. There is no evidence that satisfies the Court that it would not be in Y’s best interests for her parents to have equal shared parental responsibility.
Both parents seek an order that they have equal shared parental responsibility for Y. Y’s ICL seeks that order.
Ms N recommended that an order be made for the parents have equal shared parental responsibility for Y, despite the evidence of their past difficulties in communicating about Y, which were caused in the main by their markedly different views as to dietary matters for Y and as to Y’s level of safety and the consequent effect upon her mental health in the Mother’s household.
One cause for cautious consideration of whether or not the presumption is rebutted is the likely effect on Y of the circumstances where the Mother fails to reach agreement with her Father in relation to a long-term issue for Y, where Y and her Father’s views concur. The reality, as demonstrated by past events, is it is now predominantly Y’s view, which is almost always aligned with the Father’s views, that would prevail.
Given that dietary and schooling issues having been laid to rest by the reality of what will emerge in final orders, it is unlikely that any long-term parenting issue will arise of such significance that a divergence in views between the Mother on one side and Y and her Father on the other side will have any effect other than Y getting her way. That is what has happened to date. That is what will continue to happen, and Y’s age now makes that inevitable.
I will make an order that the parents have equal shared parental responsibility for Y.
SECTION 65DAA - EQUAL TIME, OR SUBSTANTIAL AND SIGNIFICANT TIME?
I have already found in my consideration of the primary and additional considerations in section 60CC that it is not in Y’s best interests to spend equal time with each of her parents.
It is not reasonably practicable for Y to spend equal time with each of her parents given the distance between the parents’ place of residence and the very low possibility of the parents being able to communicate with each other in a manner sufficient to resolve any difficulties that might arise in relation to the practical requirements for Y spending equal time with each of the parents.
An equal time arrangement is further rendered impracticable by the impact that such arrangement would have on Y, in that it would be significantly contrary to her views and would most likely lead to another serious deterioration, if not a cessation, of the relationship of Mother and child, to Y’s significant detriment.
Accordingly, I find that it is not reasonably practicable for Y to spend equal time with each of the parents during school term.
It is in Y’s best interests and it is reasonably practicable for Y to spend equal time with each of their parents during school holiday periods.
Having found that it is not in Y’s best interests and it is not reasonably practicable for Y to spend equal time with each of her parents during school term time, I am not required to, and I will not consider making such an order.
Having found that it is in Y’s best interest and it is reasonably practicable for Y to spend equal time with each of the parents during school holiday periods, I will consider making such an order.
Is it in Y’s best interest to spend substantial and significant time with each of the parents?
To be substantial and significant time, the time that Y spends with each of her parents must include those a fall on weekends and holidays and days that do not fall on weekends or holidays and must allow each of the parents to be involved in Y’s daily routine and in occasions and events of particular significance to Y, and allow Y to be involved in occasions and events that are of special significance to each of the parents.
Y’s wishes in relation to time with her Mother (as I divine those wishes from the evidence to the end of the final hearing, as distinct from what is found solely in the Family Report) are for a continuation of alternate weekends during school terms and time during school holidays, with any extra time being in accordance with Y’s wishes from time to time. I find that to make specific orders for Y’s time with her Mother beyond what has been accepted by Y by practice would not be orders in Y’s best interests, with those interests as the paramount consideration, but would be a spur to a renewed breach in the Mother/child relationship.
Y spending time with the Mother on alternate weekends during school term time and for up to half of each school holiday period does not amount to substantial and significant time as it does not include the Mother being able to be involved in Y’s daily routine at school by having her wake up in the Mother’s household in the morning, go to school, return to that household from school and go to bed in the evening and that household. It does not include days that do not fall on weekends or holidays other than part days, such as Friday from some time after the end of school.
I find that it is not in Y’s best interests that she spend substantial and significant time with each of her parents. I find that it is not in her best interest to spend substantial and significant time with her Mother pursuant to specific orders, but that it is in their interest that an order be made that she spend additional time with her Mother pursuant to her wishes, thereby opening the door to substantial and significant time if in accordance with Y’s wishes and so not a trigger for further conflict between Mother and daughter.
It is not recently practicable for Y to spend substantial and significant time with her Mother for all the reasons I traversed in examining the reasonable practicality of Y spending equal time with each of the parents.
Accordingly, I not required to consider making an order to provide (including a provision in the order) for Y spend substantial and significant time with each of her parents.
WHAT ORDERS ARE DETERMINED TO BE PROPER TO BE MADE IN Y’S BEST INTERESTS WITH HER INTERESTS AS THE PARAMOUNT CONSIDERATION
I find that it is proper to make an order that the parents have equal shared parental responsibility for X (for the three months that that will still be relevant) and for Y.
I find that there is no need to make an order providing for parental responsibility for making day-to-day a decisions in relation to the care of Y as section 65DAE of the Act deals with day-to-day matters and there is no application for, and I do not consider making, any order to the contrary of what section 65DAE(1) provides.
I find it is not proper to make any further specific orders in relation to X.
I find that it is proper to make an order that Y lives with her Father.
I find that it is proper to make an order that Y spends time with her Mother each alternate weekend from the end of school or 3:00PM if it is not a school day until 7:00PM on Sunday. There is a discrepancy between the times proposed by the Father (Friday at 6 PM to Sunday at 7 PM) and the Mother (Friday at 3 PM to Sunday at 7 PM) and I consider that as the order proposed by the Mother for the start of all the weekend time corresponds with the end of school, then the Mother must contemplate being available to collect Y from school at that time. For safety and the avoidance of dispute, I consider that it is proper to make a further order that in the event the Mother is unable to effect changeover of Y at Y’s school at the end of school on Friday (or at 3:00PM if not a school day, from the Father’s place of residence), then she is to notify the Father no later than 48 hours beforehand (by 3:00PM on the proceeding Wednesday) so that changeover can occur at an agreed later time on Friday.
I will make an order that Y spend half of each school holiday period with her Mother and that such half during the long holiday at the end of Term 4 each year be on a week-about basis unless Y wishes that the time be in one block equal to half the school holiday period.
In considering the competing school holiday orders sought by each of the parents, I consider that an order providing for the Father to have the first half of school holidays in odd-numbered years and the second half the school holidays in even-numbered years, and the Mother to have the first half of school holidays in even-numbered years and the second half school holidays in odd-numbered years is proper.
The orders sought by each of the parents in relation to the Christmas and New Year periods are the same and I will make orders accordingly.
The Mother seeks a specific order in relation to the time Y would spend with each parent over the Easter period, whereas the Father does not seek any specific orders relating to Easter. I find that it is in Y’s best interest that there is definition of specific times with each parent for special occasions and as the Mother considers Easter to be a special occasion I will make the order is sought by her.
Given Y’s age I consider that it is a matter for arrangement between the parents and, principally Y’s wishes as to what time Y may spend with each parent on birthdays, including her own. Birthdays may occur on school days, weekends or during school holidays, and considering all the circumstances, the guiding determinant should be Y’s wishes on each occasion as the best method of avoiding conflict in relation to arrangements of travel and so forth. This contrasts with occasions that occur only on a weekend or during school holidays such as Mother’s Day and Father’s Day, Christmas, New Year and Easter.
The Mother seeks specific orders relating to Father’s Day on Mother’s Day, for Y to spend time with the applicable parent from 5:00PM on the Saturday prior to 7:00PM on the Sunday, whereas the Father deals with Mother’s Day and Father’s Day in a general order in terms that “each parent shall facilitate all reasonable requests made by the other parent to communicate and/or spend time with Y” and on special occasions. For the reasons already given I prefer the precision of the Mother’s orders.
I have considered carefully the terms of order 31 as sought in the Mothers Minute of Orders[19] and I find that the circumstances referred to therein are best left to Y’s wishes from occasion to occasion, given her age.
[19] Exhibit A6.
In relation to changeover, the general changeover order for changeover by car as sought by the Mother in order 33 and by the Father in order 11.1 in their respective Minutes of Orders, are, in my view, a recipe for dissent in that it requires the parent from whose care Y is leaving to deliver Y to the other parent at the specified time. In the event that the delivering parent is late, then the parent into whose care Y is passing has lost time, and a round of blame and excuse can ensue with resulting renewal of conflict.
I consider that the changeover order proper to be made in Y’s best interests is that changeovers occur on Fridays during school term time at Y’s school unless the Mother has notified the Father otherwise 48 hours beforehand, as outlined above, and that all of the changeovers that occur other than by travel by public transport occur by the parent into whose care Y is passing collecting her from the other parent’s place of residence.
In relation to changeovers occurring by Y travelling by public transport, I consider that the proper order is that the parent from whose care Y is departing by public transport notify the other parent no later than 24 hours beforehand of the details of such travel so that the parent into whose care Y is passing can make appropriate arrangements for Y’s travel from the applicable train station to that parent’s home.

I decline to make order 39 as sought by the Mother in relation to Y living with her during any occasion that the Father travels interstate or overseas for work commitments. I propose to leave arrangements during such time to Y’s wishes, either to remain in her Father’s household in the day-to-day care of Ms B or to live with her Mother during that time.
For that reason I will make order 49 as sought by the Father on the same topic, giving the Mother “the first opportunity to care” for Y in the event that the Father is so absent and Ms B is not available to care for Y.
I decline to make order 40 as sought by the Mother and orders 37 and 38 as sought by the Father in relation to travel by Y interstate with a parent as I do not consider it is in Y’s best interests that specific orders be made in relation to notice and so forth of interstate travel. It will be a matter for the parent with care of Y, and Y herself, as to when and where she travels within the Commonwealth of Australia and there is nothing in the evidence to support the necessity for such orders.
Each of the parents seek orders that enable Y to travel outside the Commonwealth of Australia with a parent on certain conditions, the Mother seeking at least 60 days notice of the intended travel, and the Father seeking three weeks notice.
I consider orders 41 to 46 in the Mother’s Minute of Orders to be the appropriate orders in relation to travel by Y outside the Commonwealth of Australia, and I do not consider it necessary at all in Y’s best interest to make order 47 as sought by the Mother in relation to the number of interstate and overseas holidays allowed per year or order 42 as sought by the Father in relation to travel by Y interstate or internationally without a parent present.
In keeping with the reality of Y living principally with the Father, I will make an order that the Father retain possession of Y’s passport and provide it to the Mother at least one week prior to travel outside the Commonwealth of Australia by Y with the Mother, with the Mother to return the passport to the Father within one week of returning. I do not find that there is any necessity or basis for making the orders sought by the Father that he retain Y’s birth certificate, given that a certified copy of Y’s birth certificate is available from the relevant state authority upon application by an eligible applicant.
I do not find a need to make order 50 as sought by the Father in relation to the Father having first opportunity care for Y if the Mother is unavailable care for her due to overnight work or travel commitments, on the basis that such will be the necessary arrangement between the parents in the event that the Mother is aware that such an occasion will be occurring during a time when Y would normally be in her care.
I decline to make order 52 as sought by the Mother and order 36 as sought by the Father in relation to extra-curricular activities on the basis that Y’s age puts the choice of extra-curricular activities in her hands and render such order unnecessary.
I consider that an order requiring telephone communication by Y with her non-carer parent is inappropriate given her age and the fact that she will be able to make her own communication arrangements at any time.
I will make order 58 as sought by the Mother (order 6 as sought by Y’s ICL) in relation to therapy for the Mother and Y with Mr C continuing so long as Mr C considers it necessary.
I will make order 7 as sought by Y’s ICL for the Mother and Father to ensure that Y continues to attend upon her psychologist Ms D as required by Y.
I decline to make the orders as sought by the Mother and by Y’s ICL for family therapy conducted by Dr U as I consider the current therapies and psychology assistance available to Y and to the parents to be adequate and do not find that there is a need to order on another layer of therapy, in view of the final orders for the care of Y that I have found to be proper in her best interests.
Given the recommendations in both reports by the paediatrician who assessed Y in relation to her general health in view of her vegan diet that she be reassessed 12 monthly, I will make order 63 as sought by the Mother to that effect.
I have carefully considered the further orders 66 to 76 sought by the Mother, 24 to 35 as sought by the Father, and 11 to 18 as sought by Y’s ICL and I consider that injunctive orders restraining the parties from:
289Denigrating the other party in the presence or hearing of Y
290Allowing Y to remain in the presence of or within her hearing of any other person who is denigrating the other parent
291Discussing these proceedings including any document in these proceedings other than the final orders with Y
are proper to be made.
Orders 13 to 18 inclusive in Y’s ICL’s minute of order in relation to notification of medical matters for Y are appropriate to be made.
Any order or orders that I have not specifically referred to that are sought by either the Father, the Mother, or Y’s ICL have been considered by me and I have declined make such orders on the basis that Y’s age at 15 and a half years renders such orders not in her best interests, with those interests as the paramount consideration, in all the circumstances revealed by all of the evidence in this matter.
Accordingly I make the orders as set out at the commencement of these Reasons.
CONCLUDING REMARKS
Much of Y’s future is in her hands, including any time that she spends with her Mother beyond what is specified in the final orders. In the event that the Mother chooses to re-enter conflict with Y about dietary matters where there is an absence of any evidence that Y’s dietary choices are causing her to suffer ill-health, or similarly for any other traditional areas of conflict between them, all of the evidence indicates that the Mother will be writing a recipe for another deterioration of the Mother/daughter relationship, possibly with drastic long-term consequences for that relationship.
This comment by no means condones what has happened in the past, nor relieves either parent of any blame, nor ignores the possibility of Y seeking her own aims by acting out through copied behaviours, but merely addresses the sad reality of where this family finds itself due to the events of the past.
Sometimes, unfortunately, the reality of circumstances trumps otherwise desirable circumstances. In dealing with the reality of current circumstances, Y’s best interests must be the paramount consideration. Those best interests are not static but evolve with her age and lived experience.
Having determined the final orders proper to be made for Y, and the single order for X, the Court can only hope that life continues on a very upward trajectory for all of the family and extended family members involved.

I certify that the preceding two hundred and ninety-eight (298) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Morley.
Associate:
Dated: 24 April 2023

File number(s):	SYC 2633 of 2020
Judgment of:	JUDGE MORLEY
Date of judgment:	24 April 2023
Catchwords:	FAMILY LAW – parenting – application for final orders – where children are in their late teenage years – where one child lives with the Mother and the other lives with the Father – assessment of the childrens’ best interests – assessment of the nature and extent of the time the children spend with their parents respectively
Legislation:	Evidence Act 1995 (Cth) s 140 Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DA, 65DAA, 65DAB, 62G
Cases cited:	A & A & The Child Representative [1998] FamCA 25 Grella & Jamieson [2017] FamCAFC 21 Harridge and Anor & Harridge and Anor [2010] FamCA 445 Isles & Nelissen [2022] FedCFamC1A 97 Johnson & Page [2007] FamCA 1235 M v M (1988) 166 CLR 69 Napier & Hepburn [2006] FamCA 1316 W & W (Abuse Allegations: Unacceptable Risk) [2005] FamCA 892
Division:	Division 2 Family Law
Number of paragraphs:	298
Date of last submission/s:	1 July 2022
Date of hearing:	8-10 November 2021 and 2 May 2022
Place:	Sydney
Counsel for the Applicant:	Mr Schonell
Solicitor for the Applicant:	Fresh Legal Solutions
Counsel for the Respondent:	Ms Hamilton
Solicitor for the Respondent:	Litigant in person
Counsel for the Independent Children’s Lawyer for X:	Ms Treherne
Solicitor for the Independent Children’s Lawyer for X:	Legal Aid NSW Suburb AU Family Law
Counsel for the Independent Children’s Lawyer for Y:	Ms Knight and Mr Blank
Solicitor for the Independent Children’s Lawyer for Y:	Laura K Law

SYC 2633 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MS JESSEN Applicant
AND:	MR WHITEHOUSE Respondent
AND:	INDEPENDENT CHILDREN'S LAWYER

order made by:	JUDGE MORLEY
DATE OF ORDER:	24 April 2023