Brown and Sidebottom

This matter concerned parenting orders for two children, Y and A, and was heard by Dessau J. The dispute involved the mother and father's respective roles in the children's lives, with the court ultimately making orders regarding parental responsibility, living arrangements, and contact.

The court was required to determine the best interests of the children, considering various factors under the *Family Law Act*. Key issues included the likely effect of any changes in the children's circumstances, the practical difficulties and expense of maintaining contact with a parent, the maturity and background of the children and parents, and the desirability of an order that would minimise further litigation. The court also considered the mother's capacity to facilitate the children's relationship with their father due to her ill-health.

Dessau J reasoned that the mother's ill-health rendered her unable to facilitate the children's relationship with their father and that she would likely attempt to undermine it in her current condition. The court found that the children would be distressed by any change in their living arrangements from their father's household, where they felt safer, and that they had strong views on the matter. The court also noted the children's desire for respite from ongoing litigation and the mother's behaviour. Applying these considerations, the court made orders discharging prior orders, granting the father sole parental responsibility, and stipulating that the children live with the father. The mother was restrained from commencing new applications for parenting orders without first obtaining leave from the court, supported by a psychiatrist's report detailing her treatment and history. The court also ordered the discharge of the Independent Children's Lawyer and dismissed all other applications.