Chisholm and Andrews

This matter concerned an application before Strickland J concerning the welfare of two children, S and J. The dispute involved the parents' interactions with the children and each other, and the children's relationships with their father.

The court was required to determine the best interests of the children, S and J, under Section 60CC of the Family Law Act 1975. This involved considering a range of primary and additional considerations, including the benefit of a meaningful relationship with both parents, the need to protect the children from harm, the children's views, the nature of their relationships with their parents and other significant persons, and the parents' willingness and ability to facilitate a relationship between the children and the other parent. The court also had to consider the practicalities of contact, the parents' capacity to provide for the children's needs, and any family violence.

Strickland J applied the principles outlined in Section 60CC of the Family Law Act 1975, focusing on the paramount consideration of the children's best interests. The court's reasoning led to orders aimed at fostering a positive relationship between the children and their father, while also protecting them from parental conflict. This included injunctions restraining the parents from denigrating each other or discussing court proceedings in the presence of the children. Further orders mandated counselling for J, facilitated contact with the father, and addressed the exchange of gifts and letters. The court also discharged previous orders relating to the Independent Children's Lawyer and dismissed outstanding applications.