POWERS & BANKS

The case of *Powers & Banks* concerned an application by the Father to vary earlier parenting orders made by consent on 15 August 2008, specifically regarding the residence of the child, [X], born in 2006. The dispute also involved allegations by the Father that the Mother had contravened the existing parenting orders.

The court was required to determine whether a change in the child's residence was in his best interests, and whether the Mother had a reasonable excuse for contravening the previous parenting orders. Additionally, the court considered the issue of costs, particularly in light of the Mother's failure to comply with previous court orders.

Judge Scarlett reasoned that the best interests of the child were paramount and, after considering the evidence, determined that equal shared parental responsibility was appropriate. The court found that the Mother had contravened previous orders on multiple occasions without reasonable excuse. Consequently, all previous parenting orders were discharged.

The court ordered that the Father and Mother were to have equal shared parental responsibility for the child, with the child to live with the Mother. Specific arrangements for the child's time with the Father were detailed, including school term time, alternate weekends, school holidays, and special occasions. The court also made orders regarding communication, notification of emergencies, travel, and parental conduct, including injunctions against criticising the other parent or discussing proceedings in the child's presence. The Mother was ordered to complete a post-separation parenting course and to show cause why she should not pay the Father's costs.