FAGAN & FAGAN

In the matter of FAGAN & FAGAN, the applicant father sought orders regarding the parental responsibility and time spent with the two children of the marriage, X and Y. The respondent mother sought orders for equal shared parental responsibility. The Independent Children's Lawyer also sought orders for the father to have sole parental responsibility. The court was required to determine the best interests of the children, considering factors such as the alienation of one child from the father, the dysfunctional communication between the parents, their geographical distance, the mother's contribution to the alienation, and the uncertainty surrounding the mother's ability to provide suitable long-term accommodation.

Le Poer Trench J found that the mother's actions and words had contributed to the alienation of the eldest child from the father and paternal grandmother. The court also noted the significant distance between the parents and the dysfunctional nature of their communication. Applying the principles of the *Family Law Act 1975* (Cth), particularly concerning the best interests of the children, the court determined that sole parental responsibility for the father was appropriate in these circumstances. The court reasoned that this arrangement would best serve the children's welfare and promote stability.

The court ordered that the father have sole parental responsibility for decisions relating to the children, with specific provisions for the father to consult the mother on major decisions and provide her with notice of such decisions and proposed changes to the children's schooling. The children were ordered to live with the father and spend time with the mother on a defined schedule, including every second weekend and specific periods during school holidays. Further orders addressed communication protocols, medical treatment, and therapeutic interventions for the children and parents, including restraints on negative commentary about the other parent and restrictions on removing the children from Australia. The mother retained a limited right to apply to the court for extended time with the children under specific conditions related to her housing and therapeutic progress.