Bondelmonte v Bondelmonte

The appeal concerned parenting orders made by the Family Court of Australia concerning three children, two boys and a daughter, whose parents had separated. The father had taken the two boys to New York in breach of existing parenting orders, and subsequently informed the mother that they would remain there indefinitely. The mother applied for orders for the children's return to Australia. The primary judge made interim orders for the children's return and for their living arrangements upon their return, despite the boys having expressed a preference to remain with their father in New York.

The High Court was required to determine whether the primary judge erred in discounting the weight given to the views expressed by the children, whether the father's breach of parenting orders was relevant to the children's best interests, and whether it was necessary to ascertain the children's views as to their living arrangements. The Court also considered whether parenting orders could be made in favour of strangers to the proceedings, although this issue was not central to the final outcome.

The High Court reasoned that the primary judge was entitled to consider the circumstances in which the children's views were expressed, particularly the father's actions in taking the children overseas and his influence over them. The Court affirmed that the father's breach of parenting orders was a relevant consideration when assessing the children's best interests. The Court also noted that the objects of Part VII of the *Family Law Act 1975* (Cth) include ensuring that parents fulfil their responsibilities for the care, welfare, and development of their children, and that children have the right to know and be cared for by both parents. The primary judge's decision to discount the weight of the boys' expressed views, given the father's conduct, was therefore upheld.

The appeal was dismissed, and the appellant was ordered to pay the second respondent's costs of the appeal.