Pollands and Haberger (No. 2)

In *Pollands and Haberger (No. 2)*, Mushin J of the Family Court of Australia made orders concerning the living arrangements and communication between two children, T and K, and their parents. The proceedings involved a dispute over parenting arrangements, with the court ultimately making orders for the children to live with the father and for the mother to spend time and communicate with them on a structured basis.

The court was required to determine the best interests of the children, T and K, in light of the parental dispute. This involved considering the appropriate living arrangements, the nature and extent of the mother's time with the children, and the need for specific assessments and orders to manage parental conduct and communication. The court also considered the intervention of the Secretary of the Department of Human Services Victoria and the potential application of the Less Adversarial Trial process.

Mushin J applied the principles of the *Family Law Act 1975*, particularly focusing on the paramountcy of the children's welfare. The court made detailed orders regarding the children's residence with the father and the mother's contact, including specific times for weekend visits and telephone communication. Crucially, the court ordered the mother to attend a psychiatric assessment to report on her mental health, with the father to bear the cost. Further orders were made to restrain both parents from criticising each other in the children's presence, discussing parenting issues with them, or exposing them to court documents. The court also mandated a specific changeover point for contact and directed the father to provide school reports to the mother. The proceedings were adjourned for further consideration, including the potential use of the Less Adversarial Trial process and a Family Consultant's assessment.