Eyles and Eyles

In *Eyles and Eyles*, Judge Terry of the Family Court of Australia was required to determine the future living arrangements and parental responsibility for a child, X. The proceedings concerned the mother's application for sole parental responsibility and for X to live with her, with no time or communication ordered with the father.

The court was tasked with considering the likely effect of any changes in X's circumstances, including the impact of separation from either parent. A key issue was whether to make a "no time" order, which would permanently separate X from her father. The court also had to assess the capacity of each parent to provide for X's needs, including emotional and intellectual needs, and the potential long-term effects of a severed relationship with the father.

Judge Terry noted that X had spent very limited time with her father in the preceding twelve months. While acknowledging that X might adapt in the short term to a no time order, the judge expressed difficulty in predicting the long-term consequences, which could include regret and potential impacts on adult decision-making. The court considered expert evidence regarding "identity contact," with the family report writer expressing reservations about the quality of brief, infrequent contact and the potential for children to fantasise about the absent parent. The judge ultimately ordered that the mother have sole parental responsibility for X, that X live with the mother, and that X spend no time with and have no communication with the father.