Chalmers and Chalmers

In the matter of *Chalmers and Chalmers*, heard by Judge Terry, the dispute concerned the parental responsibility and living arrangements for two children, X and Y. The mother sought sole parental responsibility and orders for the children to live with her, while the father's position was implicitly opposed to these arrangements.

The court was required to determine the children's best interests, considering various factors outlined in section 60CC(3) of the *Family Law Act*. Key issues included the children's views, the nature of their relationships with each parent, each parent's efforts to spend time with and make decisions about the children, the likely effect of any change in circumstances, and each parent's capacity to provide for the children's needs. The court also had to consider the father's alleged negative influence on Y and the mother's historical primary carer role.

Judge Terry's reasoning focused on the children's expressed wishes and the impact of the father's behaviour. X clearly wished to live with his mother and have no contact with his father, a view the court gave significant weight to, particularly given the father's attitude towards the mother. Y's hostile views towards the mother were attributed to information fed to him by the father, leading the court to discount his expressed wishes. The court found that while the mother had historically been the primary carer and had a good relationship with both children, the father's relationship with the children, especially X, had become unhealthy and was influenced by his own negative views of the mother. The court also considered the father's limited efforts to spend time with the children and his focus on resuming a relationship with the mother rather than the children. The proposed change for X to live with the father was deemed destructive, contrary to his wishes, and psychologically damaging. Conversely, a change for Y to live with the mother was seen as potentially beneficial, reuniting him with X and removing him from the father's negative influence. The court found the mother capable of caring for the children, noting her current employment situation and dismissing unsubstantiated allegations made by the father regarding her mental health and a third party in her household.

Consequently, the court ordered that the mother have sole parental responsibility for X and Y, that the children live with the mother, and that they spend no time and have no communication with the father. An injunction was also granted restraining the father from removing the children from the mother's care, attending their schools, or removing them from their school, extracurricular activities, medical appointments, or the care of persons with whom the mother had placed them.