Lahr and Fallon

This matter concerned an application before Judge Howard concerning the parenting arrangements for four children. The dispute centred on the children's relationships with their parents and whether any specific protections were required for them.

The court was required to determine the primary considerations under section 60CC(2) of the relevant Act, specifically the benefit to the children of having a meaningful relationship with both parents, and the need to protect them from harm. The court also had to consider the impact of one child's Autism Spectrum Disorder and Attention Deficient Hyperactivity Disorder on the parenting arrangements.

In reaching its decision, the court considered the findings of the family report writer, Mr F, who indicated that all children benefited from meaningful relationships with both parents. The court noted that while one child, W, experienced some distress during changeovers to his mother, this was temporary and the mother responded calmly and appropriately, providing comfort. The court found no evidence to suggest the children required protection from physical or psychological harm. The court's reasoning focused on the primary considerations under section 60CC(2) and the expert evidence presented.

The court ordered that the Independent Children’s Lawyer provide a proposed Final Order to the parties by 4:00 pm on 29 July 2013. The parties were directed to attempt to reach an agreed position on the wording of the Final Order by the same deadline. In the event of disagreement, the matter was to be listed for mention, with personal attendance required by each party and their legal representative.