Kex and Harper

In the matter of Kex and Harper, Stevenson J considered parenting orders concerning two children, J and E. The dispute involved the living arrangements and time spent between the children and their parents, with the court ultimately making orders regarding their future care and contact.

The court was required to determine the best interests of the children in light of the parental conflict and its impact on their wellbeing. Key issues included the likely effect of any change in the children's circumstances, particularly their separation from either parent or other significant persons, and the need for the children to have a realistic prospect of a proper relationship with both parents. The court also considered the recommendations of the Family Consultant regarding the children's adjustment to a change in residence and the necessity of a parenting program to address parental hostility.

Stevenson J applied the principles of the *Family Law Act 1975* (Cth), particularly section 60CC(3)(d), which mandates consideration of the likely effect of any changes in a child's circumstances. The court noted the Family Consultant's concerns about the detrimental impact of ongoing parental hostility on J's emotional wellbeing and the potential for a positive outcome from a change in residence, allowing for a proper relationship with both parents. The court also accepted the Family Consultant's recommendation for a parenting orders program to address parental conflict and improve communication.

The court ordered the discharge of all previous parenting orders and, pending further order, that the children live with the mother. Specific provisions were made for the children to spend time with the father, including alternate weekends and portions of school holidays. Further orders addressed communication between parents regarding the children's schooling and health, parental attendance at activities, notification of significant events, and a prohibition on denigrating the other parent or discussing proceedings with the children. The court also mandated participation in a parenting orders program and continued the appointment of an Independent Children’s Lawyer for monitoring and facilitation of the orders, with supervision by a Family Consultant.