ROUTLEY & ROUTLEY

In the matter of *Routley & Routley*, heard before Judge Scarlett, the dispute concerned parenting orders for two children, X and Y. The court was tasked with determining the future living arrangements and parental responsibilities for the children, superseding any prior orders.

The central legal issues before the court were: (a) who should have sole parental responsibility for the children; (b) where the children should live; (c) the nature and extent of the children's time with the father; and (d) the conduct of both parents in relation to the children's exposure to criticism of the other parent. The court also considered the role of the Independent Children's Lawyer.

Judge Scarlett reasoned that it was in the best interests of the children for the mother to have sole parental responsibility and for them to live with her. The court ordered that the children spend time with the father on the first Sunday of each month for one hour, contingent on the children's wishes and subject to the mother providing timely notification if a child expressed a wish not to attend. A crucial principle applied was that children should not be forced to spend time with a parent against their expressed wishes. Furthermore, the court imposed a strict condition that neither parent, nor any third party, should criticise or denigrate the other parent in the presence or hearing of the children.

Consequently, all previous parenting orders were discharged. The mother was granted sole parental responsibility and the children were ordered to live with her. The father was granted specific, limited time with the children, subject to their wishes. The Independent Children's Lawyer was discharged.