Lanzing & Balzano (No 2) [2025] FedCFamC2F 1860 (10 December 2025)

1. The children live with the parties as agreed in writing and in default of agreement as follows:
   • 3.1 With the Father:
     • 3.1.1 each Wednesday from the conclusion of school (or 5:30pm if a non-school day) until Friday at the conclusion of school (or 5:30pm if a non-school day); and
     • 3.1.2 each alternate weekend from Friday at the conclusion of school (or 5:30pm if a non-school day) until Monday at the conclusion of school (or 9:00am if a non-school day).
   • 3.2 With the Mother:
     • 3.2.1 each Monday from the conclusion of school (or 5:30pm if a non-school day) until Wednesday at the commencement of school (or 5:30pm if a non-school day); and
     • 3.2.2 each alternate weekend from Friday at the conclusion of school (or 5:30pm if a non-school day) until Monday at the commencement of school (or 5:30pm if a non-school day).

1. The Children spend time with the parties during Christmas as agreed in writing and in default of agreement as follows:
   • 4.1 In odd years as follows:
     • 4.1.1 With the Father from 24 December at 5:30pm until 25 December at 11:00am; and
     • 4.1.2 With the Mother from 25 December at 11:00am until 26 December at 10:00am.
   • 4.2 In even numbered years as follows:
     • 4.2.1 With the Mother from 24 December at 5:30pm until 25 December at 11:00am; and
     • 4.2.2 With the Father from 25 December at 11:00am until 26 December at 10:00am.
2. The children spend time with the parties during the Term 4 long summer holidays as agreed in writing and in default of agreement, commencing 27 December, as follows:
   • 5.1 With the Father from 27 December at 9:00am until 6 January at 9:00am;
   • 5.2 With the Mother from 6 January at 9:00am until 16 January at 9:00am; and
   • 5.3 Thereafter the ordinary living arrangements pursuant to paragraph 2 inclusive herein to resume as if uninterrupted.

1. The parties shall communicate with the Children, or either of them, by telephone during the periods in which the Children or either of them, are not in their care at all reasonable times and the parties to facilitate such communication occurring and to assist the Children to initiate the telephone call as requested, and the telephone calls to occur as follows:
   • 6.1 Communication with the children be via W and/or X's mobile phones; and
   • 6.2 If X and W are not available, via the Mother or Father's telephone.

1. The children spend time with the parties on each of the children's birthdays as agreed in writing and in default of agreement as follows:
   • 7.1 With the Mother:
     • 7.1.1 On the evening prior to each child's birthday at 9:00pm until the day following the child's birthday with the living arrangements pursuant to paragraph 3 to resume as if uninterrupted.
   • 7.2 With the Father on the evening prior to the birthday from the conclusion of school (or 5:00pm if a non-school day) to 9:00pm.
2. The children spend time with the Mother on the Mother's birthday as agreed in writing and in default of agreement from the conclusion of school (or 5:30pm if a non-school day).
3. The children spend time with the Father on the Father's birthday as agreed in writing, and in default of agreement from the conclusion of school (or 5:30pm if a non school day).
4. The children spend time with the Mother on Mother's Day from 5:30pm on the evening before Mother's Day until 9:00am on the day following Mother's Day.
5. The children spend time with the Father on Father's Day from 6.00 pm on the evening before Father's Day until the day before Father's Day until 9:00am on the day following Father's Day.

1. Changeover occur as agreed between writing and in default of agreement follows:
   • 12.1 On the days that the children are in attendance at school:
     • 12.1.1 At Suburb S train station as follows:
       • 12.1.1.1 On Wednesday and Thursday afternoons; and
       • 12.1.1.2 On Thursday and Friday mornings;
     • 12.1.2 At the children's school as follows:
       • 12.1.2.1 On Friday afternoons; and
       • 12.1.2.2 On Monday mornings.
   • 12.2 On the days that the children are not at school, at Suburb S train station.

1. Within 14-days from the date of these orders, the parties do all acts and things and sign all necessary documents to engage Ms T of U Law Firm as parenting coordinator (parenting coordinator).
2. Within 7-days of the parties notifying one another in writing of any dispute in relation to the operation of these orders the parties must engage the parenting coordinator and follow all recommendations of the parenting coordinator in relation to future attendances and appointments.
3. The Father is responsible for costs of the intake appointments and the first session, and thereafter the fees are to be paid as to 70% by the Father and 30% by the Mother.
4. The parties are hereby at liberty to supply the parenting coordinator with copies of all documents filed in this proceeding and in previous proceedings including a copy of any family reports prepared by the Court.

1. Within 14-days from the date of these orders, the parties do all acts and things and sign all necessary documents to engage any one of the following family therapists as selected by the Mother, namely Ms V or AA Clinic, or any other family therapist as agreed between the parties in writing for non-reportable family therapy and in default of agreement the Father shall nominate three family therapists and the Mother shall select one from the list supplied (family therapist).
2. The parties must follow all recommendations by the family therapist in relation to attendances at family therapy by the parties and by the children.
3. The Father is responsible for costs of the first three sessions, and thereafter the fees are to be paid as to 70% by the Father and 30% by the Mother.
4. The parties are hereby at liberty to supply the parenting coordinator with copies of all documents filed in this proceeding and in previous proceedings including a copy of any family reports prepared by the Court.

1. The Mother and Father must notify one another of the reason for any absence from school in writing on the day of the absence save in the case of an emergency.
2. The Mother and Father must obtain a medical certificate for the children should a child be absent from school in their care for 2 or more consecutive days.
3. Should the children's school attendance drop below 90% the parties must engage the parenting coordinator forthwith unless otherwise agreed in writing.
4. The parties ensure that the Children regularly attend school and continue to participate in any and all extra-curricular activities while in their care.
5. That each of the parents shall be at liberty to and are hereby authorised by these orders to:
   • 25.1 Attend their own separate parent teacher interviews;
   • 25.2 Obtain from the children's school or extra-curricular activity organisation, at their own expense, all notices, reports and photographs or other information parents are normally provided, including access to any online school portal for parents;
   • 25.3 Liaise with the administration and teachers at the children's school concerning the educational development of the children; and
   • 25.4 Liaise with, request information from, and attend their own individual appointment, without the children present, with any medical practitioner, medical specialist, hospital, dentist, or allied health professional ("the health practitioner") who is attending upon the children; and
   • 25.5 Provide a copy of these orders to the children's school, extra-curricular activity organisation or any medical practitioner or allied health professional who is attending upon or treating the children.

1. That each party inform the other party as soon as practicable of any major medical emergency or illness occurring while the children are in their care, and of any upcoming medical appointments.
2. In regard to the children's medical treatment and assessment, the parties be at liberty to:
   • 27.1 liaise with the practitioner/s;
   • 27.2 provide their opinion and feedback to the practitioner/s regarding any possible diagnoses;
   • 27.3 receive feedback from the practitioner/s;
   • 27.4 attend any scheduled appointments; and
   • 27.5 provide a copy of these orders to the practitioner/s.
3. With regard to the Children's current medical conditions and any future diagnoses:
   • 28.1 That the parties follow the treatment plan and recommendations of all medical and/or allied health practitioners involved in their care;
   • 28.2 Ensure they attend scheduled appointments whilst in their care; and
   • 28.3 Do all acts and things necessary to facilitate the children's treatment as prescribed by the treating medical and/or allied health practitioner.
4. Liaise with, request information from, and attend their own individual appointment, without the children present, with any medical practitioner, medical specialist, hospital, dentist, or allied health professional who is attending upon the children.
5. That the parties follow the treatment plan/recommendations of all treating medical and/or allied health practitioners and do all acts and things necessary to facilitate the children's treatment as prescribed by the treating medical and/or allied health practitioner.
6. The parties keep each other informed in respect to any major health issues or significant medical treatment of the children and each party is entitled to the release of any medical information concerning the children from any health service provider.
7. In the event of an urgent or emergency situation involving any of the children, the party with whom the children are then living immediately provide the other party with full details including information about any injury sustained by, and any treatment administered to, the children.
8. That each party be at liberty to contact the children's medical and allied health professionals and request feedback regarding the children's treatment, therapy and scheduled appointments.
9. Provide a copy of these orders to the children's school, extra-curricular activity organisation or any medical practitioner or allied health professional who is attending upon or treating the children.

1. The parties be permitted to travel with the Children interstate within the Commonwealth of Australia and outside of the Commonwealth of Australia, with the party intending to travel provide to the other party, no later than 7 days for interstate travel, or 14 days for international travel, prior to the intended date of departure, with written confirmation of the following:
   • 35.1 the places and / or countries, and intended itineraries as far as practicable, to which the Children will travel;
   • 35.2 the intended airlines, and bookings, upon which the Children will travel (if applicable);
   • 35.3 the date upon which the Children will depart from and return to the State of Victoria and/or the Commonwealth of Australia;
   • 35.4 the addresses, and accommodation bookings, at which the Children shall reside and a telephone number on which the other party can communicate with the Children during the travel period; and
   • 35.5 details of proposed comprehensive travel insurance for the Children (if applicable).
2. The parties take all necessary steps and execute all necessary documents as may be required to renew the Children's passport six months prior to expiring with costs of the passports to be borne by the parties in equal shares and the parties shall make all payments required as and when they fall due.

1. The parties shall keep the other advised of their current residential address and mobile telephone number and notify the other in writing no less than 14 days prior to any change of residential address and within 48 hours of any change of their mobile telephone number.
2. The parties communicate via the parenting application AppClose or text message in the first instance prior to any phone calls, save in case of an emergency.
3. For the purpose of these orders "in writing" includes SMS/text messages and via AppClose.

1. Without admitting the necessity for the same, the parties, their servants and agents be and are hereby restrained by injunction from:
   • 40.1 abusing, insulting, belittling, rebuking, intimidating, harassing or otherwise denigrating the other parent to or in the presence or hearing of the Children or any of them and permitting any other person to so;
   • 40.2 passing messages through the Children to the other parent;
   • 40.3 discussing parenting disputes and/ or issues with or in the presence of the Children or any of them and permitting any other person to do so;
   • 40.4 exposing the Children to any conflict between the parties and permitting any other person to do so;
   • 40.5 discussing the Court proceedings including any ancillary proceedings with or in the presence or hearing of the Children or any of them and permitting any other person to do so; and
   • 40.6 allowing the Children to have access to any documents relating to the Court proceedings including any ancillary proceedings.

1. The Independent Children's Lawyer be discharged.
2. All extant parenting applications be dismissed.

AND THE COURT NOTES THAT THE PARTIES AGREE THAT:

1. The parties agree to support the Children in making appropriate arrangements that reflect their needs and preferences, and in consideration of the best interests of the Children.

1. Pursuant to ss.65DA(2) and 62B of the Family Law Act 1975 the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in Annexure A and these particulars are included in these orders.

Note: The form of the order is subject to the entry in the Court's records.

Note: This copy of the Court's Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. These are the settled reasons of a judgment delivered ex tempore. These reasons were delivered orally. These settled reasons have been corrected from the transcript where appropriate to correct grammatical errors, to add citations, passages of authorities and evidence, to add observations inadvertently omitted due to the pressure of time and to attempt to make the orally delivered reasons easier to read. The substance is unchanged.

1. In the matter of Lanzing & Balzano, I have before me orders that are consented to by the parents, Mr Lanzing and Ms Balzano. However some orders are opposed by the Independent Children's Lawyer ('the ICL'), who has long been involved with this family. I am satisfied the ICL has taken into account the fact that the parents have agreed to these orders but remains sufficiently troubled about the long-term welfare of these children, particularly in regard to their education.
2. By way of background, I refer to my decision of Lanzing & Balzano [2024] FedCFamC2F 1886 of 13 December 2024.
3. The ICL is troubled by the living arrangements, essentially shared care living arrangements, between the parents, as set out in paragraph three of these orders, and changeover arrangements, as set out in paragraph 14.
4. A significant change in the case and the dynamics between the parents is described in Mr Lanzing's affidavit of 9 December 2025. No party to the proceedings seeks to cross-examine or challenge what Mr Lanzing says in that affidavit. Basically, he says that from the parenting courses that he has done, he has learned a lot and that has assisted him to interact with the children, and indeed assisted him in life. Further, that has assisted him to interact as a parent and negotiate with Ms Balzano to the benefit of both of them and the children. That evidence is unchallenged and has an apparent verisimilitude about it, and I accept it.
5. The ICL remains circumspect about the potential for the parents to unknowingly manipulate the children to manipulate the other parent. That is an appropriate concern. However, I am satisfied, taking into account all of the matters under section 60CC of the Family Law Act 1975 (Cth) ('the Act') that I should make those orders. There is now a very important aspect to these children's lives is that their parents now agree as to how they will live and where they will live, where they will go to school, and how their parents will deal with the inevitable disagreements that they will have.
6. Of course, if Mr Lanzing and Ms Balzano remained living together and had not separated back in 2016, they would still have disagreements from time to time about various aspects of the parenting relationship. But somehow, parents in an intact relationship manage to sort those matters out. That does not mean that there are not disagreements and fundamental and large ones.
7. I am satisfied that Mr Lanzing loves and cares for the children very much. I am satisfied that Ms Balzano loves and cares for the children very much.
8. I am satisfied that Ms Balzano is making real efforts to deal with the difficulties that she encountered that were identified in the previous reasons. I am satisfied that Mr Lanzing has made real efforts to deal with the personal difficulties that he had that impacted on some of the comments made about his personality and parenting in the previous reports. I also take into account that, absent any court orders, these two parents, as a matter of law and practice, can make arrangements between themselves as to where their children live. And that would only be impacted were State welfare bodies to become involved. They are not involved in this case.
9. Hence, the parents, as a matter of law, would have the power legally to determine all their children's living arrangements, except that the matter is in this Court listed before me. I am satisfied that the agreement that the parents have reached is in the best interests of the children. I do not dismiss the concerns of the ICL. But the fact that the parents are able to give their children the additional gift of agreement as to their living arrangements, in addition to the benefit of their personalities and their love and care, is a very significant matter to me.
10. Those are my reasons.

I certify that the preceding eleven (11) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of Judge O'Shannessy.