BENTLEIGH & MURDOCH

In the matter of *Bentleigh & Murdoch*, heard by Hannam J, the dispute concerned final parenting orders for two children, C and B. The father sought orders for the children to live with him and for him to hold sole parental responsibility, while the mother was not participating in the proceedings or spending time with the children.

The court was required to determine the best interests of the children in circumstances where the mother had relinquished their care to the father. Key issues included the mother's past family violence, drug use, and mental health challenges, and the need to protect the children from harm. The court also considered the parents' respective capacities and attitudes towards their parental responsibilities.

Hannam J reasoned that the father was the primary carer and that the circumstances indicated the mother had relinquished care. Applying the principles of the *Family Law Act 1975* (Cth) concerning the best interests of the children, the court found it necessary to protect the children from harm. Consequently, the court ordered that the children live with the father and that he hold sole parental responsibility. The children were to spend time with the mother at times and under conditions as agreed by the parents, with prohibitions against physical discipline and illicit substance use while the children were in either parent's care. All previous parenting orders were discharged, and all outstanding applications were dismissed.