PARSONS & KEMP

In *Parsons & Kemp*, Benjamin J of the Family Court of Australia considered a dispute between the parents concerning parenting arrangements for their children and an application to depart from an administrative child support assessment. The children had lived primarily with the mother since birth, and the husband sought a relatively rapid change to equal time arrangements. While both parties agreed that the children should spend unsupervised time with each parent, significant disagreements persisted regarding the quantum of time and communication protocols.

The central legal issues before the Court were twofold. Firstly, the Court was required to determine the most appropriate parenting arrangements for the children, considering their best interests. Secondly, the Court had to address the husband's application under section 116 of the *Child Support (Assessment) Act 1989* (Cth) for a departure from the administrative child support assessment, and whether the circumstances warranted the exercise of the Court's power to make departure orders.

In relation to the parenting arrangements, Benjamin J applied the principles enshrined in the *Family Law Act 1975* (Cth), focusing on the paramount consideration of the children's best interests. The Court weighed the existing arrangements against the proposed changes, taking into account the history of conflict between the parties and the need for stability and certainty for the children. Regarding the child support application, the Court considered the threshold question under section 116, assessing whether the circumstances justified a departure from the administrative assessment, particularly in light of the ongoing parenting proceedings and the potential impact on the children.