COFFEY & TILLMAN

In the matter of Coffey & Tillman, heard by Judge Bruce Smith, the father sought orders for further family therapy and for the children to spend time together. The dispute arose after two court-ordered family therapy attempts were unsuccessful, resulting in each child aligning with and living with one parent, and refusing contact with the other. The parties had agreed to sole parental responsibility for each child residing with the respective parent, and that each child could spend time and communicate with the other parent if and as they wished.

The court was required to determine whether to make orders for a further attempt at family therapy and to mandate the children spending time together, despite their current voluntary interactions. The central legal issue was whether such orders would be in the best interests of the children, considering their expressed wishes and the history of unsuccessful therapeutic interventions.

Judge Bruce Smith reasoned that the children, aged 16 and 13, were of sufficient age and maturity to express their wishes regarding contact with each other and their parents. Given the previous unsuccessful attempts at court-ordered therapy and the children's current voluntary engagement with each other, the court found that imposing further mandatory therapy or specific time together would not be in their best interests. The court noted the parties' agreement that it would be in the children's best interests to spend time with each other and the other parent, and that voluntary participation in family therapy was permissible.

The father's proposed orders were not made. Instead, the court made final parenting orders reflecting the agreed arrangements for sole parental responsibility for each child with the parent they live with, and that each child may spend time and communicate with the other parent as they choose. The father was also ordered to pay a sum to Legal Aid New South Wales, and otherwise, each party was to bear their own costs.