Mephiste and Mephiste

In *Mephiste and Mephiste*, Stevenson J considered parenting orders concerning two children, D and N. The dispute involved the arrangements for the children's living situations, parental responsibility, and time spent with each parent. The court was tasked with determining the most appropriate parenting orders for the children, considering their best interests.

The court was required to determine whether to discharge existing parenting orders and, if so, what new orders should be made regarding equal shared parental responsibility, the children's living arrangements, and the specific times they would spend with each parent. Additionally, the court had to consider the practical implications of any changes to the children's circumstances, including the potential impact of separation from either parent, and the practical difficulties and expenses associated with a child spending time with and communicating with a parent. The court also had to address the children's ongoing therapy and the parents' involvement in parenting education.

Stevenson J applied the principles of the *Family Law Act 1975* (Cth), particularly sections 60CC(3)(d) and 60CC(3)(e), in assessing the best interests of the children. The court considered expert evidence from Dr W, who provided a concerning prognosis for child D if the current overprotective parenting by the mother continued, highlighting risks of isolation, lack of confidence, and developmental consequences. Dr W also noted potential difficulties for D with a week-about arrangement but suggested that the father's approach could influence the outcome positively. The court found no evidence that the father lacked willingness or ability to foster the children's relationship with their mother, noting he had had limited opportunity to do so.

The court made comprehensive orders discharging all existing parenting orders and establishing equal shared parental responsibility. The children were ordered to live with the mother, with specific, progressively increasing periods of time to be spent with the father. Further orders detailed arrangements for school holidays, birthdays, and communication with schools and health professionals. Both parents were also ordered to complete a Parenting After Separation course, and provisions were made for the children's ongoing therapy with Dr G, with costs to be shared equally. The court also included a fact sheet detailing the obligations and consequences of contravening the orders.