Kilmartin and Kilmartin

In the Family Court of Australia at Melbourne, Justice Brown considered parenting orders concerning the children M and L, born in 2002 and 2004 respectively, in the matter between Mr Kilmartin (Husband) and Mrs Kilmartin (Wife). The proceedings arose from the parties' separation in July 2006, with significant unresolved anger and frustration evident from their affidavits, leading to numerous allegations. While financial matters and other applications were adjourned for a later hearing, the immediate dispute before the court concerned the weekend care arrangements for the children.

The primary legal issue before the court was to determine the interim parenting orders for the children's time with each parent during weekends, pending the final determination of their applications. This involved considering the children's best interests, the presumption of equal shared parental responsibility under the *Family Law Act 1975*, and the parties' respective proposals for weekend care. The court also had to address practical arrangements regarding the children's attendance at Korean school and the husband's access to certain areas of the former matrimonial home.

Justice Brown reasoned that due to the significant number of contested allegations and the limited nature of interim hearings, it was premature to make findings of fact or determine whether the presumption of equal shared parental responsibility should apply or be rebutted. The court acknowledged the importance of both parents having a meaningful relationship with the children and noted that both parents would have significant involvement in their care. Having regard to the evidence, the children's ages, and the parties' submissions, the court ordered that the children live with the husband from Friday evening until Sunday evening, with specific provisions for Tuesday and Thursday evenings, and for Korean school attendance. The court also made orders regarding the husband's access to the kitchen and bathroom of the main residence, the preparation of a Family Report, and the use of a communication book. The court emphasised that parenting orders are made for the benefit of children, not adults, and that the current orders were intended to last until the hearing on 9 March 2007.