Mackin and Clairwain

In the matter of *Mackin and Clairwain*, heard before Cohen J, the dispute concerned parenting arrangements for two children, J and B. The orders made by the court addressed the father's time with the children, the practicalities of collection and return, and restrictions on parental interaction during these exchanges. Additionally, the court mandated specific procedural steps for future hearings concerning the children's living arrangements and prohibited physical discipline by either parent.

The court was required to determine the appropriate interim parenting orders, including the frequency and duration of the father's time with the children, and to establish a framework for future proceedings. This involved setting out the evidence and factual basis that each party would need to present to the court to support their proposed living arrangements. The court also addressed the need for a safe and respectful handover process between the parents and the fundamental principle that physical violence should not be used as a disciplinary measure.

Cohen J ordered that the father would spend time with the children fortnightly, from Saturday morning to Sunday afternoon, with specific instructions for collection and return at the mother's front gate. To facilitate this, both parents were restrained from entering each other's property during these exchanges. Furthermore, the court mandated a detailed pre-hearing disclosure process, requiring each party to file and serve lists of reasons, supporting facts, witnesses, documents, disputed facts, and agreed facts. The matter was then adjourned for a further hearing.