Noble-Tabberner and Tabberner

In the Family Court of Australia at Sydney, Ms Noble-Tabberner (the wife) sought a review of interim parenting orders made on 15 November 2006, which provided for the three children of the marriage to live with Mr Tabberner (the husband) on a fortnightly cycle. The husband sought dismissal of the wife's application for review. The original orders stipulated specific periods for the children to reside with each parent, including half of the school holidays, and that the children live with the wife at all other times.

The court was required to determine whether to vary the existing interim parenting orders, considering the paramount consideration of the best interests of the three children. This involved evaluating the primary considerations under section 60CC of the *Family Law Act 1975*, namely the benefit to the children of having a meaningful relationship with both parents and the need to protect them from harm. The court also had to consider additional factors, including the children's views, the nature of their relationships with each parent, each parent's ability to facilitate a continuing relationship with the other, and the likely effect of any changes in the children's circumstances.

Justice Rose reasoned that the best interests of the children necessitated a variation of the existing orders. The court found that while the children had a loving relationship with both parents and had benefited from increased involvement with the husband, the current arrangements had not always been beneficial for them, with concerning behavioural changes noted. The court specifically identified that the existing orders meant the children did not have one complete weekend in any week with the wife, their primary carer, which impacted their ability to have uninterrupted relaxation time. The court concluded that varying the start of the husband's week two care period from Sunday evening to Monday after school would allow the children to benefit from alternate weekend time with the wife while still providing substantial time with the husband and maintaining their routine and relationship with their half-sibling.

Consequently, the court ordered that the interim parenting orders be varied to change the commencement of the husband's week two care from 6:00 pm Sunday to the conclusion of school or pre-school on Monday. The parties were also permitted to arrange for alternative or other periods of care as they agreed, and each parent was granted the right to communicate with the children by telephone at all reasonable times. All other pending applications for interim parenting orders were dismissed.