SIEKERT & GLEASON

This matter concerned the parents of B and C, who sought final orders regarding parental responsibility, living arrangements, and time spent with the children. The proceedings were before Macmillan J in the Family Court of Australia.

The court was required to determine the extent of equal shared parental responsibility for each child, considering the specific needs and circumstances of B and C. Further issues included the children's living arrangements, the specific times and conditions under which they would spend time and communicate with the father, and any necessary restraints on the parents' conduct. The court also had to consider the practicalities and expenses associated with the father's interstate travel and his capacity to provide for the children's needs.

Macmillan J applied the principles of the *Family Law Act 1975* (Cth), particularly concerning the best interests of the child. The court considered the likely effect of any changes in the children's circumstances, the practical difficulties and expenses of maintaining contact with the father, and the capacity of each parent to provide for the children's needs, including emotional and intellectual development. The court noted the mother's consistent promotion of the children's relationship with the father and her ability to make decisions in their best interests, even in challenging circumstances. The father's financial situation, relying on a disability pension, was also a relevant factor in assessing his capacity.

The court made orders for equal shared parental responsibility for B, and for C with the exception of C's health and medical treatment, which was granted to the mother with specific communication requirements to the father. The children were ordered to live with the mother, with detailed provisions for their time spent with and communication with the father, including specific arrangements for when the father was in Melbourne or Sydney, and during school holidays. The court also imposed restraints on both parents regarding communication with the children about the proceedings and denigrating the other parent. The Independent Children's Lawyer was to provide the reasons for judgment and orders to specified health professionals, after which their appointment would be discharged. All other extant applications were dismissed.