SANDELL & NEAVE

In the matter of *Sandell & Neave*, Forrest J of the Family Court of Australia considered a dispute between the parents regarding the living arrangements and time spent with their two children, born in 2010 and 2013. The father sought for the children to reside primarily with him, with the mother having alternate weekends and half of the school holidays. Conversely, the mother sought for the children to continue living with her, with the father having alternate weekends and half of the school holidays. The core of the dispute revolved around which parent was better positioned to ensure the children maintained a meaningful relationship with both parents, while also prioritising the children's need for stability and continuity.

The court was required to determine the best interests of the children in relation to their living arrangements and the extent of time each parent would spend with them. Specifically, the court had to consider whether a change in the children's primary residence to live with the father would be in their best interests, and whether an equal time arrangement was appropriate or reasonably practicable. The court also had to address the issue of parental responsibility for long-term decisions affecting the children.

Forrest J reasoned that a change in the children's primary residence to live with the father was not in their best interests, nor was an equal time arrangement considered appropriate or reasonably practicable. The court applied the principles of the *Family Law Act 1975* (Cth), focusing on the paramount consideration of the children's best interests. The court found that the children required stability and continuity, and that the mother was the parent best placed to provide this as their primary caregiver.

Consequently, the court ordered that the mother and father would have equal shared parental responsibility for all major long-term issues affecting the children. The children were ordered to live with the mother, and to spend time with the father on alternate weekends from Friday to Tuesday, as well as special occasion time and half of the school holidays. The orders also detailed specific arrangements for communication, schooling, medical care, and parental conduct towards each other and the children.