Orton and Roe

This case concerned orders relating to the children B and E, born in December 2001 and August 2003 respectively. The dispute involved the parents' arrangements for the children, including their living arrangements and time spent with each parent. The matter came before Stevenson J.

The court was required to determine the most appropriate orders for the children, considering the principles of equal shared parental responsibility and the children's best interests. Key issues included the practical difficulties and expense of maintaining contact with both parents due to geographical distance, the capacity of each parent to meet the children's needs, and their attitudes towards their parental responsibilities. The court also considered the likely effect of any changes in the children's circumstances, particularly any separation from either parent.

Stevenson J applied the principles of the *Family Law Act 1975* (Cth), including sections 60CC(3)(d), (e), (f), and (i). The judge noted that while there were practical difficulties in the children spending time with each parent due to distance and reliance on public transport, the mother's impending relocation to the L area would alleviate these issues. The court acknowledged concerns regarding the parental capacity and attitude of both parents, particularly the mother's previous insistence on supervised contact and allegations of sexual abuse, but noted that she had resiled from these positions. The judge expressed optimism that a post-separation parenting course would assist the parents in fostering a positive relationship between the children and each parent.

The court ordered the discharge of all existing orders, the establishment of equal shared parental responsibility, and detailed living arrangements for the children with both parents, which would change upon the mother's relocation. The orders also included provisions for communication and information sharing between parents regarding the children's education and health, and mandated attendance at a post-separation parenting course. The parties were granted liberty to vary the orders by agreement, and particulars of obligations and consequences of contravention were to be included in an attached Fact Sheet.