Watkin and Clyve

In *Watkin and Clyve*, Stevenson J considered applications for the discharge of existing parenting orders and the making of new orders concerning the children K and S. The dispute centred on the children's living arrangements and the extent of time they would spend with each parent.

The court was required to determine the best interests of the children in light of the proposed changes to their living arrangements. Specifically, the court had to consider the likely effect of any changes in the children's circumstances, including the impact of separation from their parents and other significant persons in their lives, as mandated by section 60CC(3)(d) of the relevant legislation. The court also had to assess the practicalities and potential challenges of the children integrating into a new family unit.

Stevenson J reasoned that while the father had undertaken significant travel to facilitate time with the children, and their relationship with him had flourished, the children had been in the primary care of their mother for several years. The court acknowledged the father's awareness of the substantial changes a move to central western New South Wales would entail for the children, including attending a new school and forming new friendships. However, the judge identified a more significant change as the children's integration into a new family unit, comprising the father, Ms P, her daughter, and a new baby. Concerns were raised about how this blended family dynamic would function on a permanent basis, particularly regarding the children potentially competing for the father's attention.

The court made new orders discharging existing parenting orders and establishing a new schedule for the children to live with the mother and the father. These orders detailed specific periods for the children to live with each parent during school terms and holidays, including provisions for long weekends and Christmas. The orders also stipulated that the parties implement the arrangements by meeting at a specific location unless otherwise agreed in writing, and that they were at liberty to vary the orders by written agreement. The orders further included a fact sheet detailing obligations, consequences of contravention, and sources of assistance.