DAHER & HALABI

In the matter of DAHER & HALABI, Rees J of the Family Court of Australia considered parenting orders concerning three children. The dispute involved allegations of a breakdown in the relationship between the children and their father, exposure of the mother and children to family violence by the father, and the father's claims of parental alienation by the mother. The children had expressed strong views about not wanting to see their father, and there was a perceived risk of significant harm if the children ran away while in the father's care.

The court was required to determine the best interests of the children, giving significant weight to their expressed wishes. The central legal issue was how to structure parenting arrangements that would protect the children from harm, acknowledge their views, and facilitate a relationship with their father, if appropriate and in their best interests.

Rees J reasoned that the children's wishes were paramount in this case, particularly given their age and the circumstances. The court found that the children's strong views against spending time with the father, coupled with the history of family violence and the risk of harm, necessitated orders that prioritised the children's safety and autonomy. The court applied the principles of the *Family Law Act 1975* concerning the best interests of the child, including the weight to be given to a child's wishes and the need to protect children from harm.

The court ordered that the children live with the mother and that the mother have sole parental responsibility. The children were to spend time with the father in accordance with their wishes, facilitated by the mother. Further orders were made to manage communication between the parents, facilitate the father's limited involvement in the children's lives (such as attending school events if invited), and address the costs of a report. The orders also included standard provisions regarding contravention and assistance with compliance.