King and King & Anor

In the Family Court of Australia, Bennett J considered applications concerning the parenting arrangements for two children, D and E. The primary application was brought by the father seeking time with the children, who were aged 15 and 12 years at the time of the hearing. A secondary application was made by the children's older sister, Ms C King, seeking time with her younger sisters.

The court was required to determine whether there had been a change in circumstances since the last parenting orders were made in 2013 that would warrant a re-examination of the existing arrangements, applying the principles established in *Rice v Asplund*. Additionally, the court had to consider the best interests of the children in relation to the application for time brought by their older sister.

Bennett J found that no material change in circumstances had occurred since the 2013 orders that would justify revisiting the parenting arrangements. Consequently, the father's application for time with the children was dismissed. Regarding the application by the older sister, the court determined that it was not in the children's best interests for her to have time with them.

The court ordered that all previous parenting orders be discharged. The children were to live with the mother, who was granted sole parental responsibility. The father was to have no entitlement to spend time with the children, although he was permitted to send cards, letters, or gifts on special occasions, with the mother having discretion over their delivery. The mother was also ordered to notify the father of any serious illness or injury affecting the children, but the father was not entitled to attend upon them. Further orders addressed communication between the father and the older sister, and the consequences of contravening the orders. All other parenting applications were dismissed.