Cottrell and Eckert

In *Cottrell and Eckert*, heard by Judge Terry, the dispute concerned the parental responsibility and living arrangements for two children, [X] and [Y]. The father sought orders for shared parental responsibility and for the children to live with him, with the mother to have specific time with the children. The mother sought sole parental responsibility, that the children live with her, and that the father have no time with or communication with the children.

The court was required to determine the best interests of the children in relation to their living arrangements and parental responsibility, specifically whether to grant the father's application for shared responsibility and for the children to live with him, or the mother's application for sole responsibility and for the children to live with her, with no contact for the father.

Judge Terry found that the evidence established a history of family violence and that the father had engaged in behaviour that was controlling and intimidating towards the mother. The court applied the principles under the *Family Law Act 1975* (Cth) concerning the best interests of the child, with a particular focus on the need to protect the children from harm. The court determined that it was not in the children's best interests for them to spend time with or communicate with the father, given the risk of harm and the impact on the mother's ability to care for them.

The court ordered that the mother have sole parental responsibility for the children, that the children live with the mother, and that the father spend no time with and have no communication with the children.