Stevens and McTaggart

In the matter of Stevens and McTaggart, Collier J of the Family Court of Australia considered parenting orders concerning four children. The dispute involved the arrangements for the children's living situation, parental responsibility, and time spent with each parent, as well as specific conditions relating to the mother's partner and the children's well-being and education.

The court was required to determine the primary caregiver for the children, the extent of the father's time with them, and the conditions under which such time would occur, including travel arrangements and communication protocols. Further issues included the mother's partner's involvement with the children, the father's access to information regarding the children's health and education, and the validity of a pre-existing family violence order in light of the new parenting arrangements. The court also had to address the location of future applications concerning the children and the dismissal of outstanding applications.

Collier J reasoned that the best interests of the children necessitated a clear and structured approach to parenting arrangements. The court discharged all existing parenting orders and made new orders granting the mother sole parental responsibility and primary residence in Tasmania. The father's time with the children was detailed, with specific provisions for when he resided in New South Wales or Tasmania, including detailed holiday arrangements and travel responsibilities. The court also imposed strict conditions on the mother's partner, Mr C, regarding his attendance at changeovers, driving the children, and communication during telephone calls. The court further ordered that the father be kept informed of the children's schooling and health, and that the mother not move the children from Tasmania without consent or a court order. Crucially, the court declared a family violence order inconsistent with the new parenting orders invalid pursuant to section 68Q of the *Family Law Act 1975*.

The court ordered that all existing parenting orders be discharged and that the mother have sole parental responsibility, with the children living with her in Tasmania. Specific time arrangements for the father were outlined, along with conditions regarding the mother's partner and communication. The court also declared a family violence order invalid and dismissed all outstanding applications and cross-applications.