Newberry and Newberry (No 2)

This case concerned competing applications for parenting orders concerning three children, M, L, and R, under Part VII of the *Family Law Act 1975* (Cth). The applications were brought by the father, Mr Newberry, and the mother, Ms Newberry, with an Independent Children's Lawyer (ICL) also appointed to represent the children's interests. The proceedings were heard in the Family Court of Australia at Brisbane by Kent J.

The court was required to determine the living arrangements and time arrangements for the children, considering allegations of sexual abuse made by the mother against the father, which she later withdrew. Further issues arose regarding the mother's lack of stable accommodation and the credibility of her evidence, with witnesses objecting to giving evidence without certificates pursuant to s 128 of the *Evidence Act 1995* (Cth). The central consideration for the court was the best interests of the children.

In its reasoning, the court discharged all previous parenting orders. It found that the father should have sole parental responsibility for the children, with the children to live with him. The court outlined specific conditions for the father to consult the mother on significant decisions regarding parental responsibility. The orders detailed the time the children would spend with the mother, with certain provisions suspended until the mother could provide proof of stable accommodation. The court also made orders regarding communication between parents, school and medical information, and prohibited denigration of either parent or discussion of proceedings in the children's hearing.

The court ordered that all previous parenting orders be discharged. The father was granted sole parental responsibility for the children, and the children were to live with him. The mother's time with the children was detailed, with specific orders regarding her accommodation status. The Independent Children's Lawyer was to be discharged upon the mother providing proof of accommodation and the ICL complying with specific directions.