SILVER & PILOT

In this matter before Bennett J, the dispute concerned parenting arrangements for two children. The mother, having previously maintained a position contrary to the recommendations of a Family Consultant, indicated an immediate capitulation before the final hearing, accepting terms that were at odds with her prior case. This sudden change raised concerns for the Court regarding her commitment and capacity to adhere to such orders. The Court also noted the presence of high parental conflict, a common feature in cases where parties seek to avoid judicial scrutiny and accountability through consensual resolutions, which often do not bring an end to the conflict.

The Court was required to determine the appropriate interim parenting orders and the procedural steps necessary to ensure the children's best interests were served, particularly in light of the mother's late change of position and the ongoing high parental conflict. A key issue was whether the Court could be confident in the mother's ability to comply with proposed orders, and whether a supplementary assessment was required to evaluate the viability of her proposal. The Court also considered the practicalities of implementing parenting arrangements and the availability of post-order support.

Bennett J reasoned that the mother's immediate capitulation immediately before a final hearing, and her acceptance of terms entirely at odds with her previous stance, meant the Court could not be confident in her commitment or capacity to follow through with such orders. Consequently, the Court ordered an updated Family Report to assess the capacity of each parent to implement interim arrangements and the orders sought by the mother, as well as other relevant matters. The Court also discharged previous orders for the children to spend time with the father and made new interim orders for supervised time, with specific changeover points and restrictions on attendance. The Court further ordered that the parents attend counselling as directed by a Family Consultant and that the Independent Children's Lawyer provide certain documents to facilitate therapeutic counselling for the mother. The Court also noted the father's inability to provide a Certificate of Occupancy for his residence.