KISTLER & MUNSON

In the matter of Kistler & Munson, heard before Judge Bender, the dispute concerned parenting orders for two children, [X] and [Y]. The court was required to determine the living arrangements for the children, the nature and extent of their contact with both parents, and the involvement of external agencies in ensuring the children's welfare.

The court's determination involved several key legal issues. Firstly, it addressed the immediate care and welfare of the children, necessitating the discharge of previous parenting orders and the intervention of the Department of Health and Human Services. Secondly, the court considered the practical arrangements for the children's residence and contact with each parent, including specific requirements for educational and health needs, and supervised contact. Thirdly, the court addressed the communication and information sharing between the parents regarding the children, and imposed injunctions to protect the children from parental conflict and to prevent their removal from Victoria or Australia.

The court's reasoning was guided by the paramountcy of the children's welfare. Pursuant to section 91B of the *Family Law Act 1975* (Cth), the Department of Health and Human Services was requested to intervene to ensure the children's care and welfare, including their education, health, and psychological assessments. The court ordered that the children live with the Mother, subject to her compliance with specific directions from the Department. Contact with the Father was to occur through a supervised contact centre, with detailed procedures for intake and attendance. The court also made orders for the children's liberty to communicate with the Father and for the Father to continue psychological treatment. Injunctions were imposed to prevent denigration of parents, discussion of proceedings with the children, and their removal from Victoria or Australia, reflecting a concern for the children's emotional well-being and safety.

The court ordered the adjournment of the matter for mention on 29 September 2017. All previous parenting orders were discharged. The Department of Health and Human Services was requested to intervene in relation to the children. The children were to live with the Mother, subject to her compliance with specific directions regarding their education, health, and assessments. Contact with the Father was to be at a supervised contact centre, with specific application and attendance requirements. The children were at liberty to communicate with the Father as they wished. The Father was to continue psychological treatment. Both parents were ordered to keep each other informed of contact details and to notify of emergencies. Injunctions were imposed restraining both parents from denigrating each other or discussing proceedings in the children's presence, from removing the children from Victoria, and from changing their schooling. Both parents and the children were restrained from leaving the Commonwealth of Australia, with a request for the Australian Federal Police to place the children on the Airport Watch List.