Spalding and Barbaro

In the matter of *Spalding and Barbaro*, Carew J of the Family Court of Australia considered an application to vary existing orders concerning the time the parties' children would spend with their father. The dispute centred on the arrangements for the children's time with the father, including specific provisions for school terms and holidays, as well as the mother's obligation to undergo medical testing and the parties' participation in counselling.

The court was required to determine the appropriate parenting orders for the children, specifically addressing the frequency and duration of the father's time with them, and to consider the necessity and terms of ongoing medical testing for the mother. Furthermore, the court had to make orders regarding the parties' engagement in psychological counselling and the sharing of associated costs.

Carew J reasoned that the existing orders required modification to establish clear and workable arrangements for the children's time with the father. The court applied principles of child welfare and best interests in crafting detailed provisions for alternate weekends and Thursdays, linking these arrangements to the father's time with the older boys. The judge also ordered the mother to undertake Carbohydrate Deficient Transferrin testing every three months, with the testing to cease upon production of three consecutive negative results, and mandated that both parents attend counselling with a psychologist selected from a panel provided by the father, sharing the costs equally.

The court ordered the discharge of specific paragraphs from a previous order dated 3 December 2013 and made new orders regarding the children's time with the father, the mother's testing obligations, and the parties' participation in counselling. All outstanding applications for interim orders were dismissed.