Somers and Somers

In the Family Court of Australia, Mr Somers (the applicant father) and Mrs Somers (the respondent mother) brought proceedings concerning parenting orders for their two children, A and J. The primary dispute centred on the quantum and timing of the father's time with the children, with the mother seeking a more limited arrangement than the father. While the parties agreed that the children should live principally with the mother and that they should share joint equal parental responsibility, they differed on the specifics of the father's time during school terms.

The court was required to determine the appropriate parenting orders for the children, specifically addressing the father's proposed schedule for spending time with them during school terms. This involved considering the father's request for more extensive overnight contact in a two-week cycle compared to the mother's proposal. The court also had to apply the principles of the *Family Law Act 1975* (Cth), particularly concerning the best interests of the children, the presumption of equal shared parental responsibility, and the requirement to consider whether children should spend substantial and significant time with each parent.

Steele J applied the principles outlined in sections 60B, 60CA, 60CC, 61DA, and 65DAA of the *Family Law Act 1975* (Cth), focusing on the paramount consideration of the children's best interests. The court found that both parents were capable and devoted, and that the children had good relationships with each of them. After considering the evidence, including a Family Report, and the parties' respective proposals, the court determined that the father's proposal for increased time with the children was in their best interests, allowing for a more significant and substantial relationship.

The court ordered that the children live with the mother and that the parties share joint equal parental responsibility. The father was granted specific time with the children during school terms, including a period from after school on Wednesday until 6:00 pm on the following Sunday in one week of a two-week cycle, and from after school on Thursday until the commencement of school the following morning in the alternate week. The court also made consent orders regarding holiday periods, special days, communication, and travel, and directed the parties to note their obligations under the orders.