Sherwin & Weeks

This matter concerned an appeal from a Senior Registrar's decision regarding interim parenting arrangements for two children, aged 14 and 12, who had been living equally between their parents' homes since their separation in 2016. The dispute centred on the children's living arrangements and the weight given to their views.

The court was required to determine whether the Senior Registrar erred in her assessment of the children's views and in making interim orders for their time with each parent. A key issue was the considerable delay between a family consultant's assessment of the children's views and the hearing before the Senior Registrar, meaning the decision was made without up-to-date expert evidence regarding the children's expressed wishes.

Bennett J found that the younger child, aged 12, had expressed strong views to the family consultant about increasing her time with her mother. The court noted the absence of current expert evidence on the children's views at the time of the Senior Registrar's hearing. Consequently, the court ordered a revised interim arrangement for the daughter, aged 12, to reside with her father for five out of fourteen days during school terms, while the son, aged 14, would continue to spend equal time with both parents. The court also ordered family therapy and a private family report.