Sharlow & Nance

This case involved an application by Ms Sharlow (the applicant mother) against Mr Nance (the respondent father) concerning parenting orders for their two children, X (born 2009) and Y (born 2011). The dispute centred on the living arrangements and time the children would spend with each parent, particularly in light of the children's specific needs and the ongoing conflict between the parents. The matter came before Beckhouse J.

The court was required to determine whether the children should live primarily with the mother and spend time with the father in a five-day block each fortnight, or whether a week-about shared care arrangement, as proposed by the father, would be in the children's best interests. The court also considered alternative arrangements, including the father's proposal for the children to spend four nights and one night each fortnight with him, as per a previous parenting agreement.

Beckhouse J applied the principles of the *Family Law Act 1975* (Cth), particularly section 60CC(3), which outlines additional considerations for determining a child's best interests, including the views of the child and the nature of the child's relationship with each parent. The court gave careful consideration to the views of X and Y, noting that Y, who has autism spectrum disorder, expressed a wish for a week-about arrangement to provide him with greater certainty. However, the court was influenced by the Family Consultant's recommendation that a shared care arrangement would be unsuitable for Y at this time, citing his specific needs and the high level of parental conflict. The court also noted the significant impact of parental conflict on the children and expressed a disinclination to make orders for equal time when parties cannot demonstrate functional co-parenting.

Ultimately, Beckhouse J was not satisfied that a shared care arrangement would be in the children's best interests at this interim stage. The court ordered that the children live with the mother and spend time with the father in a five-day block each fortnight, with provisions for FaceTime communication. The court also made detailed orders regarding school holidays, special days, communication between parents, and the management of the children's passports and travel. The matter was adjourned for mention, with liberty for the parties to seek an administrative adjournment if consent orders regarding the appointment of an expert were made.