Rod & Bloomberg

This matter concerned an application to vary existing parenting orders. The court was required to determine the best interests of the children, N and E, in light of the ongoing conflict between their parents and the differing expert opinions presented. The father represented himself, while the mother and an Independent Children's Lawyer (ICL) were also parties.

The central legal issues before the court were the appropriate time arrangements for the children with their father, the weight to be given to the children's expressed views, and the extent to which parental responsibility should be shared. The court considered the evidence of a family consultant, Mr P, and a child psychiatrist, Dr B, whose opinions on the children's well-being and relationship with the father diverged significantly. The court also had regard to the history of the proceedings and the impact of parental conflict on the children.

Murphy J reasoned that while the children's expressed views were important, their formation was influenced by the prolonged parental conflict and the mother's denigration of the father. The court found that the father did not abuse the children, but that the mother had emotionally abused them. Despite the father's concerns about the mother's influence, the court determined that removing the children from her primary care would have dramatic emotional consequences. The court also found that the presumption of equal shared parental responsibility was rebutted due to the parents' inability to co-operate.

The court ordered that the existing orders be varied to adjust the father's time with the children, reducing it from the previous arrangement but ensuring they spent sufficient time with him to experience him and his parenting. The father was ordered to spend time with the children on alternate weekends and during school holidays, with specific provisions for Christmas and birthdays. The parties were also ordered to attend the "KidsAreFirst" program. The appointment of the Independent Children's Lawyer was discharged.