Dias & Olford

In the matter of *Dias & Olford*, heard before Burchardt J, Ms Dias (the mother) sought orders from the court concerning her children, X and Y. Mr Olford (the father) was the respondent. The mother's application, filed on 9 December 2020, was ultimately dismissed by the court.

The primary legal issue before the court was whether the mother had established sufficient grounds to vary existing orders concerning the children, particularly in relation to their living arrangements and schooling. The mother's case was largely predicated on the expressed wishes of her daughter, X, who indicated a preference to live with her mother. The mother also sought to change the schooling arrangements for Y.

Burchardt J's reasoning focused on the evidence presented by the mother. The court noted that the mother's application was primarily driven by her daughter's stated preference and that the mother made no allegations of harm against the father. While the mother presented evidence of her employment and educational qualifications, and her efforts to secure schooling for the children, the court found this insufficient to warrant a variation of the existing orders. The judge observed that the daughter, X, expressed a preference to live with her mother, but also indicated that X might change her mind and that the mother would support such a change. The court also considered the mother's own admission that she would not force X to spend time with her if X did not wish to, and that she encouraged X to voice her opinions rather than influencing them. The court ultimately dismissed the mother's application.