CASSWELL & MOESER

In the matter of *Casswell & Moeser*, Austin J of the Family Court of Australia considered a dispute concerning the living arrangements and parental responsibility for three children. The father had withdrawn from the litigation prior to the final hearing. The second eldest child resided with the father, while the two youngest children lived with the mother.

The court was required to determine with whom the two youngest children should live and who should have parental responsibility for them, considering the need to protect them from family violence perpetrated by the father. Additionally, the court had to address the wishes of the second eldest child, who expressed a strong desire to remain with the father and have no contact with the mother, while also assessing the child's emotional maturity.

Austin J concluded that the father's parenting capacity was impaired and that he appeared to have abandoned interest in the youngest children, having prioritised his own needs over their emotional well-being. Consequently, the court ordered that the two youngest children live with the mother and that she have sole parental responsibility for them. Regarding the second eldest child, the court noted that he had nearly attained his majority and, despite being considered emotionally immature for his age by the family consultant, could not be forced to act against his wishes. Therefore, no orders were made as to with whom this child lives or spends time, with both parents retaining parental responsibility. The court also made orders restraining denigration of either parent and requiring notification of medical emergencies.