WALTUS & TREGEAR (No.2)

This matter concerned an application before Judge Young concerning the parenting arrangements for two children, X (born 2007) and Y (born 2009). The dispute revolved around the living arrangements for the children, their time spent with each parent, and various ancillary orders related to their welfare and the conduct of the proceedings.

The court was required to determine a range of issues concerning the children's best interests, including where they would live, the specific arrangements for their time with each parent, and the extent to which the father could participate in their sporting activities and communicate with them. Further, the court needed to address the parties' participation in family therapy and post-separation parenting programs, and to consider injunctions restraining certain behaviours towards the children. Crucially, the court was also tasked with ordering the preparation of a family report to inform its decision-making regarding the children's welfare and best interests, and to outline the process for its creation, dissemination, and potential use in other proceedings.

By consent, the court ordered that the children, X and Y, live with the mother. The father was granted specific time with the children, with handover arrangements detailed, and liberty to attend and spectate at their sporting activities. The court also made orders regarding communication between the father and children, and mandated the parties' attendance at family therapy and a post-separation parenting program. Injunctions were granted restraining both parents from physically disciplining the children, exposing them to family violence, speaking negatively about the other parent or their partner to the children, or discussing the proceedings with them. A family consultant was appointed to prepare a family report addressing the children's views, relevant legislative considerations under the *Family Law Act 1975*, and any other matters pertinent to the children's welfare. The court also set out detailed procedures for the report's preparation, disclosure, and potential further release, including noting the implications of section 121 of the *Family Law Act 1975*. Specific time arrangements for the children to spend with the father were set out for August and alternate weekends thereafter, with further provisions for the children to request additional time. The father was ordered to file his response and supporting documents by a specified date, and the matter was adjourned for a trial call over.