PEEL & HANNAN

The case of Peel & Hannan concerned an application to vary existing parenting orders concerning two children, X and Y. The matter came before Purdon-Sully J in the Federal Magistrates Court of Australia.

The primary legal issue before the court was the appropriate living arrangements for the children. The court was required to determine whether to vary the existing orders to implement a shared parenting arrangement, specifically an equal time arrangement alternating between parents on a weekly basis. Additionally, the court considered the necessity and terms of a post-parenting orders program for the parties, the representation of the children, and the future conduct of the proceedings.

Purdon-Sully J reasoned that a shared parenting arrangement was in the best interests of the children, ordering that they live with each parent equally in alternate weeks. This arrangement was to commence from the start of the school term after Easter 2013, with changeovers occurring at school each Monday. The court also mandated that both parties complete a post-parenting orders program by a specified date, requiring their compliance with the program coordinator's reasonable directions, including assessments, providing contact details, and attending recommended referrals. The court granted leave under s.121 of the Family Law Act 1975 for the parties to provide specific Family Reports to the program coordinator.

The court ordered that the children be represented in the proceedings, requesting Legal Aid Queensland to arrange for an Independent Children’s Lawyer. The Independent Children’s Lawyer was granted liberty to peruse and copy all filed documents. The matter was adjourned for mention, and subsequently set down for a final hearing of not more than two days.