Abercrombie & Damon (No 3)

This case concerns parenting orders made by O'Sullivan J in the Federal Circuit and Family Court of Australia. The dispute was between Ms Abercrombie, the applicant mother, and Mr Damon, the respondent father, regarding the parental responsibility and time spent arrangements for their two children, X and Y.

The court was required to determine the best interests of the children, X and Y, in relation to their long-term care, welfare, and development. This involved assessing the nature of the relationship between the children and each parent, the extent to which each parent had participated in decision-making and communication regarding the children, and the children's own expressed views. The court also considered the impact of past events and the parents' conduct on the children's welfare.

O'Sullivan J applied the principles of the *Family Law Act 1975* (Cth), particularly focusing on the paramountcy of the children's best interests. The court considered the recommendations of the Independent Children's Lawyer, which were largely adopted, and the evidence presented, including the children's wishes which were described as enjoying their "break" with the father. The court found that the children had a loving relationship with both parents and that the mother was the primary carer. The father's credibility was called into question by his evidence, particularly regarding the paternity of the younger child, Y, which he raised late in proceedings. The court noted that children learn behaviour from their parents and that a parent using violence or denigration is not a suitable role model.

The court made final parenting orders, granting the mother sole parental responsibility for the children, subject to specific requirements for the father to be consulted on decisions. Detailed arrangements were set out for the children to spend time and communicate with the father, including provisions for school holidays and special days. The court also made orders regarding changeovers, communication between parents, and the use of a parenting app, as well as requiring both parents to complete a "Parenting After Separation" program. The appointment of the Independent Children's Lawyer was discharged, and all extant applications were dismissed.