Michel & Stathis

In the matter of *Michel & Stathis*, Harper J of the Family Court of Australia considered an application by the mother, Ms Stathis, for increased time with the parties' children, including overnight stays. The father, Mr Michel, was the primary caregiver, with the children living with him and spending daytime hours with the mother. The mother alleged that the father was engaging in parental alienation, creating a risk of harm to the children. The final hearing had been adjourned due to the father introducing a new case, and court time had been used for an interim parenting hearing.

The court was required to determine the interim parenting arrangements for the children, specifically whether the children should commence spending overnight time with the mother. This determination involved assessing the children's best interests, including the benefit of a meaningful relationship with both parents and the need to protect them from harm, as stipulated by section 60CC of the *Family Law Act 1975* (Cth). The court also needed to consider the impact of the parents' conflict on the children and the allegations of parental alienation.

Harper J reasoned that the children would benefit from a meaningful relationship with both parents, acknowledging that this relationship was currently compromised, particularly with the mother, due to resistance from the children and the parents' bitter conflict. The court found that it was in the children's best interests for them to begin spending overnight time with the mother, subject to certain conditions. These conditions included the parents engaging in family therapy, with the Independent Children's Lawyer explaining the orders to the children and providing relevant documents to the therapist. The court also imposed orders restraining the parents from discussing the proceedings or speaking negatively about the other parent in the children's presence.

The court ordered that the children live with the father but significantly increased the mother's time with them, including alternate weekends and mid-week time, with specific provisions for school holidays and public holidays. The mother's previous application was dismissed. The proceedings were provisionally listed for a final hearing, with a case management hearing scheduled and leave granted for the Independent Children's Lawyer to apply to relist the proceedings on short notice. The court also outlined a dispute resolution process for any future disagreements regarding the orders.