Chaucer & Chaucer

In the matter of *Chaucer & Chaucer*, Mr. Chaucer (the father) sought orders concerning the parenting of the parties' two children, X and Y. Ms. Chaucer (the mother) was the respondent. The dispute concerned the children's living arrangements, parental responsibility, and time spent with each parent.

The court was required to determine the best interests of the children, specifically considering the provisions of section 60CC of the *Family Law Act 1975* (Cth). This involved assessing the children's views, their relationship with each parent, the impact of family violence, and each parent's capacity to facilitate a relationship with the other parent. The court also had to consider the father's health and living arrangements in light of the children's specific needs, including X's ADHD.

Burchardt J found that while the mother loved the children devotedly, she appeared to be in denial or unaware of the extent of her negative emotions towards the father and the impact this had on the children. The court noted that the children clearly loved both parents and had been distressed by the mother's restrictions on their time with the father. Despite the mother's reservations about the father's capacity, the court concluded that the father, for all his limitations, was a loving father who wanted the best for his children. The critical consideration was the risk to the children posed by the conflict between the mother's perception of the father and the children's lived experience and love for him. The court determined that the benefits of a change in residence clearly outweighed the disadvantages, and a change was in the children's best interests, as recommended by the independent children's lawyer.

The court ordered that all previous parenting orders be discharged. The father was granted sole parental responsibility for the children, with the requirement to consult the mother regarding their health and education and consider her views before making long-term decisions. The children were ordered to live with the father, and specific arrangements were set out for the mother's time with the children, including communication and holiday periods. The mother's time was suspended on certain occasions, such as Father's Day weekend and specific Christmas and Easter periods. The orders also included provisions for communication between the parents, the nomination of treating practitioners by the father, and injunctions restraining denigration of the other party and discussion of proceedings in the children's presence. The father was to engage a parent coordinator to assist with the new living arrangements.