Kingston and Donald

In the matter of *Kingston and Donald*, Benjamin J of the Family Court of Australia considered applications to vary existing parenting orders. The dispute concerned the arrangements for two children, B and C, and involved allegations of contravention of previous orders by the father, Mr Kingston. The mother, Ms Donald, sought significant changes to the existing orders, including the suspension of all time and communication between the father and B, and sole parental responsibility for C to be granted to the mother.

The court was required to determine whether to vary the existing parenting orders to reflect the mother's proposed arrangements. This involved assessing the best interests of the children, B and C, in light of the circumstances presented, including the alleged contraventions by the father and the impact of these on the children's welfare. Specifically, the court had to consider the appropriateness of suspending the father's time and communication with B, granting the mother sole parental responsibility for C, and restraining the father from attending C's school.

Benjamin J applied the principles of the *Family Law Act 1975* (Cth), particularly those relating to the best interests of the child and the court's power to make orders for the protection of children. The court considered the evidence before it, which led to the conclusion that the orders sought by the mother were necessary for the welfare of B and C. The reasoning focused on ensuring the children's safety and well-being, which necessitated a significant departure from the previous arrangements.

Consequently, the court made orders suspending the father's time and communication with B, granting the mother sole parental responsibility for C, and restraining the father from attending C's school. The court also included a Fact Sheet detailing the obligations, consequences of contravention, and assistance available for compliance, as permitted by sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth). The matter was then removed from Benjamin J's docket and placed into the docket of Watts J.