SOUTER & BARNARD

In the matter of SOUTER & BARNARD, Judge Harman considered final parenting orders by consent between the parents concerning the future care arrangements for their two children. The proceedings involved allegations raised by each party regarding potential risks to the children arising from the proposed shared care arrangement, and the ongoing impact of conflict between the parents. The court also considered representations made by the children.

The primary legal issue before the court was whether it was satisfied that there was an unacceptable risk to the children as a consequence of the agreed shared care arrangement, taking into account the conflict between the parents and the children's representations. Additionally, the court was required to determine applications for costs made by both the mother and the Independent Children’s Lawyer.

Judge Harman was satisfied that there was an absence of evidence establishing an unacceptable risk to the children arising from the consent orders. Regarding costs, the court applied the general rule that parties bear their own costs in the absence of a justifying circumstance. Consequently, the court dismissed the mother's application for costs against the father and the Independent Children’s Lawyer's application for a contribution to costs from the mother, ordering that each party pay their own costs. The court made consent orders in accordance with the Terms of Settlement, which included provisions for equal shared parental responsibility, a week-about shared care arrangement, and detailed arrangements for holidays and communication. The Independent Children’s Lawyer was granted leave to apply for contribution costs from the mother, but this application was subsequently dismissed.