RANGAN & RANGAN (No.2)

This matter concerned an application by the father to vary interim parenting orders concerning the parties' two children, X and Y. The father sought increased time with the children during the Christmas and January school holidays, while the mother sought to reduce the father's time. The Independent Children's Lawyer did not support either party's proposal. The court was required to determine whether there was sufficient evidence of a change in circumstances to justify altering the existing interim orders made on 2 July 2015, and to make orders in the best interests of the children.

Judge Scarlett found that there was insufficient evidence of any change in circumstances to warrant reversing the previous interim orders. The court reasoned that the application to vary an order that was never made, and the fact that previous interim parenting orders were incorporated into current parenting orders, did not provide a basis for the requested changes. The court considered the best interests of the children in making its determination.

The court ordered that the previous interim orders made on 2 July 2015 be discharged. The children were to spend time with the father each weekend, with specific exceptions, and on designated days during the Christmas and January school holidays. The children were to spend all other times with the mother. The orders also stipulated conditions for changeovers, parental conduct towards each other in the presence of the children, and facilitated telephone contact between the children and each parent. The mother was permitted to take the children interstate under certain conditions, and the children's time with the father was to be suspended for a limited period in such circumstances. The father and mother were each restrained from making derogatory remarks about the other parent to or in the presence of the children, discussing proceedings with the children, or questioning the children in a manner critical of the other parent. The response to an application filed on 17 December 2015 was dismissed, and the application was adjourned for further mention.