REDLICH & DEMIR

This matter came before Judge Morley in the context of interim parenting proceedings where allegations of family violence had been made and found. The dispute concerned the parental responsibility and living arrangements for three children, X, Y, and Z.

The court was required to determine the appropriate interim orders for parental responsibility, the children's living arrangements, and the father's time with the children, taking into account the findings of family violence. The court also needed to consider orders aimed at mitigating the impact of family violence and facilitating co-parenting.

The court applied principles of family law concerning the best interests of the children, particularly in circumstances involving family violence. It found that while family violence had occurred, it could be mitigated by appropriate orders. Consequently, the mother was granted sole parental responsibility for the children's health matters, while parental responsibility for other aspects was shared. The children were ordered to live with the mother, and detailed orders were made regarding the father's time with the children, including specific arrangements for school terms, holidays, and Christmas. Further orders included restraints on derogatory comments about each parent, restrictions on discussing proceedings with the children, and requirements for parenting courses. A compliance check for a final hearing was scheduled for May 2021, and a Family Consultant report was ordered to address various aspects of the children's welfare and the parents' capacities.