Cholic and Cholic

The Family Court of Australia considered parenting orders concerning two children, B and C. The mother sought orders for the children to live with her and for her to have sole parental responsibility, with the father having supervised contact. The father sought sole parental responsibility and for the children to live with him. The proceedings originated in the Federal Magistrates Court in 2009, with the mother initially seeking orders for the children to live with her and for the father to be restrained from removing them from Australia. At trial, the mother sought sole parental responsibility.

The court was required to determine the best interests of the children, considering the mother's serious allegations of physical and sexual abuse against the father, which resulted in a criminal trial where the father was acquitted. The court also had to consider the mother's unilateral relocation of the children to Western Australia, the father's lack of contact with the children for four years, the mother's alleged alienation of the children from the father, and the resulting fear and secrecy experienced by the children. Key legal issues included the meaningful relationship between the children and each parent, and the need to protect the children from physical or psychological harm.

Justice Berman found that the father did not pose an unacceptable risk to the children and that the mother had deliberately alienated the children from him, causing them to live in fear and under a veil of secrecy. Applying the principles of the *Family Law Act 1975* (Cth), particularly concerning the best interests of the children, the court determined that a gradual reunification process was necessary. The court considered the *Briginshaw* standard in relation to the serious allegations made by the mother.

The court ordered that the mother and children return to South Australia, with the children to live with the mother and the mother to have sole parental responsibility. A phased approach to supervised time between the children and the father was mandated, commencing with therapy to address the children's relationship with him and their anxieties. This was to be followed by supervised contact at a contact centre, and ultimately, unsupervised time. The father was ordered to pay $20,000 into the mother's solicitor's trust account to cover relocation expenses, therapy costs, and initial rent for the mother.