WALKEN & BODERT

In the matter of *Walken & Bodert*, the parties were the mother and father of two teenage children, C and A. The dispute concerned arrangements for the children's living arrangements, parental responsibility, and time spent with each parent, as well as an application by the mother to prevent the children from spending time with a member of the father's family. The case was heard by Faulks DCJ.

The court was required to determine the best interests of the children in relation to their living arrangements and parental responsibility, specifically whether to consent to equal shared parental responsibility. Further issues included the division of time the children would spend with each parent, the weight to be given to the teenage children's views, and the standard of proof for an allegation of sexual abuse occurring in the significant past, in the context of whether there was an unacceptable risk to the children in having contact with a member of the father's family.

Faulks DCJ found no evidence to suggest an unacceptable risk to the children in spending time with the particular member of the father's family. The court applied the principle that the best interests of the child are paramount in determining parenting orders. The court also considered the views of the teenage children, noting that they would have a significant say in whether they spent time with their mother during school holidays. The court ordered that the children would live with their father and have joint shared parental responsibility. The children would have the discretion to spend up to half of each school holiday with their mother, with a requirement to provide one month's notice if they chose not to do so.

The court further ordered that the mother's application for an injunction was dismissed, and the mother was to return the children's passports to the father. The costs of travel for the children spending time with their mother in New South Wales were to be borne equally by the parties, while the mother would cover the children's normal living expenses when they were with her. The court noted that the mother's financial position might improve after her studies, potentially allowing for a review of travel costs. The matter was finalised.