Morley and Morley

In Morley and Morley, heard before Judge Newbrun, the proceedings concerned an application by the mother which was ultimately dismissed. The court made orders regarding the children of the relationship, Y and X, who were to live with the Father.

The court was required to determine various matters concerning the welfare and best interests of the children, including their views and the weight to be given to them, the nature of their relationships with their parents and significant others, and the likely effect of any changes in their circumstances. Further issues included the practicalities and expenses of contact, the parents' capacity to meet the children's needs, and any relevant characteristics of the children such as maturity, sex, and cultural background. The court also considered the potential for physical or psychological abuse, ill-treatment, family violence, or other abusive behaviour, and each parent's attitude to the children and their responsibilities. The matters set out in sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975* were also to be addressed.

The court ordered that the parties and the children attend upon a family consultant for the preparation of a Family Report, detailing the aforementioned matters. Pending further order, the children were to live with the Father. Subject to the mother's compliance with conditions relating to alcohol, illicit drugs, and conduct, the children were to spend time with the mother on specified days and during school holidays. The court also made orders regarding changeovers, telephone contact, and facilitated the Independent Children’s Lawyer’s proposed interim orders, with one exception. The matter was adjourned for mention following the release of the Family Report.