EGBERT & EGBERT

In the matter of *Egbert & Egbert* [2014] FamCA 1064, Thornton J of the Family Court of Australia considered competing parenting proposals for an 11-year-old child. The father had not spent any time with the child since September 2010, and the child expressed no desire to spend time with him. The central dispute revolved around what parenting orders would be in the child's best interests.

The court was required to determine whether it was in the child's best interests to spend time with the father, and consequently, what form of parenting orders should be made. Additionally, the court considered whether the circumstances justified an order for costs in favour of the respondent.

Thornton J determined that it was not in the child's best interests to spend time with the father, given the significant period of no contact and the child's expressed wishes. The court applied the paramount consideration of the child's best interests in making its orders. The father was permitted to communicate with the child by forwarding birthday and Christmas gifts, and was restricted from contacting service providers unless specific exceptions applied. The mother was granted sole parental responsibility, and the child was to live with her. The court also ordered that the father pay the mother's costs on a party/party basis, finding that the applicant had pursued litigation despite an expert recommendation and was wholly unsuccessful.