Leon & Leon

In *Leon & Leon*, Hartnett J of the Family Court of Australia considered an application for interim parenting orders concerning the children X and Y. The dispute arose between the applicant husband and the respondent wife, with both parties seeking specific arrangements for the children's time during school holidays and the continuation or alteration of existing orders. The wife sought a continuation of earlier orders, while the husband sought week-about time.

The court was required to determine the appropriate interim parenting arrangements for the children, balancing the parents' competing desires for holiday time and the husband's request for week-about care against the wife's preference for continuity. Central to the determination was the paramount consideration of the children's best interests, including their need for meaningful involvement with both parents, protection from harm, and stability, particularly in light of the parties' ongoing conflict and previous allegations of family violence.

Hartnett J reasoned that, given the limited capacity of the parties to communicate and co-operate, an equal time arrangement was not currently in the children's best interests. The court noted that the children had already experienced significant disruption and that altering the current regime would be contrary to their need for stability. Applying the principles of the *Family Law Act 1975* (Cth), particularly the objects relating to meaningful parental involvement and protection from harm, the court found that continuing the existing orders of 16 March 2021 provided a good outcome for the children. This approach would allow for continued meaningful relationships with both parents and offer ongoing stability until further order or agreement.

By consent, the court ordered that the interim orders of 16 March 2021 would continue in full force and effect, with specific additional provisions for the children's time with their father on 10 September 2021, and a detailed schedule for Christmas and long summer holidays. All other extant interim parenting order applications were dismissed, and final parenting and property order applications were listed for trial on 17 January 2022.