STARKEY & STARKEY

The case of Starkey & Starkey involved an application before Monteith J concerning parenting orders for the parties' children. The dispute centred on the living arrangements and parental responsibility for the children, with specific orders sought regarding the younger children, E, F, G, and H, and the older child, D. The court was tasked with determining the best interests of the children in light of the circumstances presented.

The primary legal issues before the court were the determination of where each child would live, the allocation of parental responsibility for each child, and the terms of any time the children would spend with each parent. The court also had to consider the implementation and supervision of any parenting orders made, including the role of a Family Consultant and an Independent Children's Lawyer, and address the need for the parties to attend parenting programs and counselling. Furthermore, the court was required to make orders regarding the conduct of the parents towards each other and the children, and to consider the immediate arrangements for the children's transition to the new living arrangements.

Monteith J made detailed orders concerning the children's living arrangements and parental responsibility. The younger children were ordered to live with the Respondent Father, with the Father having sole parental responsibility for them and being required to keep the Mother informed of their major long-term issues. Crucially, the younger children were not to spend time with or communicate with the Mother until further order, with an exception for therapy as directed by a Family Consultant. The older child, D, was ordered to live with the Applicant Mother, with both parents sharing equal parental responsibility and D spending time with the Father as agreed, but not less than fortnightly. The court appointed a Family Consultant to supervise compliance with the orders and provide assistance, and mandated attendance at parenting courses and counselling for the parties and, if directed, the children. Both parents were ordered to refrain from denigrating each other in the presence of the children and to limit alcohol consumption. The court also made specific provisions for the immediate handover of the younger children to the Father and ordered a family report to be prepared for a future hearing.