McDougal & York

This matter concerned orders regarding the children J, M, and K, with the parents being the parties before the court. The dispute centred on arrangements for the children's time with each parent and parental responsibility. The decision was made by Faulks DCJ.

The court was required to determine the best interests of the children, a paramount consideration under the *Family Law Act 1975*. Specifically, the court had to consider the benefit to the children of having a meaningful relationship with both parents, and the need to protect the children from physical or psychological harm, abuse, neglect, or family violence.

In reaching its decision, the court acknowledged the significant animosity between the parents but noted that both parents conceded the benefit of the children maintaining a meaningful relationship with the other parent. Reports also supported this view, indicating that the children loved both parents and derived different benefits from each. The court found that while there was a risk of physical violence to J, it was improbable that this would occur in the future, and was satisfied there was little risk of physical violence to any of the children from either parent. Consequently, the court ordered equal shared parental responsibility and detailed arrangements for the children's time with each parent, including specific provisions for school holidays, handovers, and communication. The court also imposed restraints on each parent regarding contact with a Mr D and ordered that the Independent Children's Lawyer and Family Consultant explain the orders to the children.