Attwell and Attwell

In the matter of *Attwell and Attwell*, heard by Judge Terry, the court was asked to determine parenting orders concerning the child X. The dispute involved the mother seeking sole parental responsibility and orders for the child to live with her, have no contact with the father, and for the mother to be permitted to travel internationally with the child without the father's consent.

The primary legal issues before the court were to determine the best interests of the child, X, by considering the primary considerations under the relevant legislation, including the child's views and the weight to be given to them, and any additional considerations. Specifically, the court had to assess the impact of the father's past offending on the child's welfare and safety, and the mother's actions in informing the child about these matters.

The court considered the child's expressed views from a family report, where X indicated a desire to see her father and distress at the current separation, but also stated she understood it was "the law" and that her mother wouldn't let her see him. The family report writer noted that X was not aware of the father's crimes or the potential risks, and therefore her views could not be given significant weight. The court also considered the mother's decision to inform X about the father's alleged offences, including rape, without therapeutic assistance, and the subsequent change in X's stated views. The court found that independent evidence regarding X's current views was lacking, and therefore could not definitively rely on the mother's account of X's subsequent declaration that she no longer wished to see the father.

The court ordered that the mother shall have sole parental responsibility for the child X, that X shall live with the mother, and that X shall spend no time with and have no communication with the father. Furthermore, the mother was granted permission to obtain a passport for X and travel internationally with the child, or permit the child to travel internationally, notwithstanding the father's lack of consent.