LOCKE & HARDY (Interim Parenting)

This matter concerned interim parenting orders for two children, X and Y, before Judge Neville. The dispute involved the living arrangements and time spent with each parent, following recommendations from a Family Consultant.

The court was required to determine the appropriate interim parenting orders, specifically whether to adopt, modify, or discharge existing consent orders, and to consider the recommendations of the Family Consultant regarding the children's residence, time with each parent, and the need for further assessments or educational programs for the parents. The court also had to consider the mother's submission that all evidence, including the Family Consultant's recommendations, should be tested at a final hearing.

Judge Neville reasoned that at an interim stage, it was appropriate to rely on clear independent evidence, such as that from an experienced family consultant, rather than deferring all decisions until a final hearing, especially when a final hearing was distant. The court applied the principles of protecting children and ensuring they have a meaningful relationship with both parents, as prescribed in Part VII of the relevant Act, considering the best interests of the children. The court noted the father's clear drug screen, the mother's lack of evidence regarding her mental health, and the mother's departure from her father's residence as relevant factors.

The court ordered that the children live with the Father and spend time with the Mother for five nights every fortnight, with specific arrangements for alternate weeks if direct agreement was not reached. Existing interim consent orders were discharged to the extent they conflicted with these new orders, which otherwise continued to operate. The parties were also directed to notify the court within 21 days whether a final hearing was required.