WEBER & LIPSON

This case concerned parenting arrangements for two children, C and D, and a dispute over child support arrears. The father had filed a Notice of Risk of Child Abuse and sought urgent assessments and the appointment of an Independent Children's Lawyer, which the mother opposed. The mother's affidavit, filed on the hearing date for the father's applications, stated there was no urgency, despite her own alleged concerns about the children's psychological harm in the father's care and a recent incident. The court was required to determine the best interests of the children regarding their living arrangements and parental responsibility, and whether special circumstances justified a departure from the assessed child support liability.

Johns J found that the mother's stated desire to foster the children's relationship with the father was not genuinely held, given the inconsistency between her affidavit and her expressed fears. The court noted that the mother's case had focused heavily on historical parental conflict, overlooking the importance of the children's relationship with their father and their right to have both parents meaningfully involved in their lives. The court considered the likely effect of any changes in the children's circumstances, including separation from either parent, and noted a family consultant's observation that while the mother was the primary caregiver, the children had a strong relationship with the father and he was very important to them. The father's proposals were based on legal advice, review of family law commentaries and case law, and discussions with the family consultant.

The court ordered the discharge of all prior parenting orders and established equal shared parental responsibility for the children. Detailed orders were made regarding the children living with and communicating with the father, including specific alternating cycles and arrangements for school holidays, birthdays, and other significant periods. The court also ordered a departure from the administrative assessment of child support payable by the father, finding special circumstances justified this. The father's liability for the period in question was set at the amount he had already paid, effectively eliminating any child support arrears or overpayments. The parties were also ordered to attend therapeutic counselling.