Marsh & Marsh

In *Marsh & Marsh*, Le Poer Trench J considered an application concerning the welfare of a child, L. The proceedings involved competing applications by the parents regarding L's living arrangements.

The court was required to determine the specific matters to be addressed in an updated welfare report prepared by Dr R. This included assessing the risk of psychological harm to L, L's views and the weight to be given to them, the relationships between L and each parent, and each parent's ability to facilitate a relationship with the other parent. The court also needed to consider the likely effect of the proposed living arrangements, the parents' capacity to meet L's needs, their attitudes to parenthood, and any recommended living arrangements. Further, the court was to consider the impact of equal or substantial and significant time with each parent, the parents' mental states in relation to parenting, any special needs of L, and any other relevant matters.

Le Poer Trench J ordered that Dr R prepare an updated report addressing a comprehensive list of welfare considerations, as detailed in the judgment. The court also stipulated a process for the husband to propose additional topics for the report, with any disputes to be determined by the court. The majority of the wife's other sought orders were refused. The husband was ordered to pay the wife's costs of and incidental to an application filed by the husband on 9 February 2011.