Bannan and Taft and Anor

This matter concerned an application by Ms Bannan, the mother of three children, X, Y, and Z, for orders regarding parental responsibility and living arrangements for the children. The father was also a party to the proceedings. The dispute centred on the children's welfare and with whom they should live, and the extent of their contact with each parent.

The court was required to determine the children's best interests, considering the primary considerations under section 60CC(3) of the *Family Law Act 1975* (Cth), including the children's views and the nature of their relationships with each parent and other significant persons. The court also had to consider additional factors, such as any history of family violence or the capacity of each parent to provide for the children's needs.

In reaching its decision, the court considered the views expressed by the children, noting that X had expressed a preference to live with her mother or maternal grandmother and had a negative view of the father. Y described her time with the father at a contact centre as positive, while Z expressed a desire for her father to "disappear." The court found that while the children loved their mother, she had repeatedly let them down and did not have a nurturing relationship with them. The court was satisfied that the children's primary attachment was to their maternal grandmother, with whom they had a warm and strong relationship. The court also found that the children's relationship with the father had not been nurturing, despite some evidence of positive interactions.

The court ordered that all previous orders regarding the children be discharged. Ms Bannan was granted sole parental responsibility, and the children were ordered to live with her. The children were to spend time with their mother as agreed between the mother and Ms Bannan, but were to spend no time with and have no communication with the father.