Letts & Shores

In *Letts & Shores*, Burchardt J considered contravention applications brought by the mother against the father concerning their three children, X, Y, and Z. The dispute also encompassed substantive issues regarding parental responsibility and the children's living arrangements.

The court was required to determine whether the father had contravened existing court orders, and if so, what consequences should follow. Additionally, the court had to decide on the appropriate orders for parental responsibility, the children's living arrangements, communication between parents and children, and the continuation of counselling for the parents.

Burchardt J dismissed the mother's contravention applications, finding that while the father had engaged in "occasional asperity and stupid denigration of the mother on isolated occasions," he generally did his best to promote the children's relationship with the mother. The court applied the principle that equal shared parental responsibility is the preferred outcome unless there are meaningful allegations of family violence or other risks to the children, which were not established. The court noted that the parties had largely resolved their substantive disagreements during the hearing, with the Independent Children's Lawyer's proposed orders for equal shared parental responsibility not being in dispute. The court emphasised the importance of children being able to contact the non-resident parent and found that the mother needed to examine her own conduct rather than solely blaming others.

The court made orders for equal parental responsibility, with child X to continue living independently. Children Y and Z were ordered to live with the mother and father on a week-about basis during school terms and holidays, with specific arrangements for summer holidays and Christmas. The orders also included provisions for communication, attendance at school and extracurricular activities, and parental conduct, including a restraint on denigrating the other parent. The parties were also ordered to continue attending counselling.