Keach & Keach

This matter concerned parenting orders for three children, X, Y, and Z, who lived with their mother and spent time with their father. The parents, who reside in Sydney, separated in May 2019. The court was required to determine competing proposals regarding the children's time with their father, following an application by the mother for a review of interim orders made by a Senior Registrar. The proceedings were treated as a hearing de novo.

The legal issues before the court included whether to vary the existing parenting orders, which had been subject to several interim arrangements since the parents' separation. Specifically, the court needed to consider the children's best interests in light of the evidence presented, including a single joint expert report and the views of an Independent Children's Lawyer. The court was also tasked with assessing the suitability of proposed changes to the children's time with their father, including overnight stays and weekend arrangements, and how these changes might be implemented to minimise disruption to the children.

The court placed significant weight on the untested but comprehensive report of Dr B, the single joint expert. Dr B's report described the mother as friendly and cooperative, and the father as intense and critical of the mother and older children. While acknowledging the father's difficulties in interviews and his tendency towards grandiosity, Dr B also noted he relaxed in the children's presence. The Independent Children's Lawyer supported aspects of the father's proposal, including increased overnight time, but suggested a gradual introduction of changes and structured school holiday arrangements. The court considered that the mother's revised proposal, informed by Dr B's report, was appropriate and likely would have led to a different outcome had it been presented earlier.

The court ultimately made orders for the children to spend further time with their father, reflecting a revised arrangement that aimed to balance the children's best interests with the parents' proposals and the expert evidence.