Fielding & Mason (No. 2)

This case involved a dispute between Ms Fielding (the applicant mother) and Mr Mason (the respondent father) concerning the parenting of their two children, X and Y. Both parents sought sole parental responsibility and orders for the children to live with them. The court was required to determine the best interests of the children, considering their ages, the entrenched conflict between the parents, historical issues of alcohol and drug use by both, and the views of the teenage children.

The court was tasked with determining the most appropriate parenting orders, specifically regarding sole parental responsibility and the children's living arrangements, in light of significant parental conflict, allegations of substance abuse, and the children's expressed wishes. The court also had to consider the impact of these factors on the children's welfare and development, and the need to protect them from harm.

Altobelli J applied the principles of the *Family Law Act 1975* (Cth), with the paramount consideration being the best interests of the children. The court considered expert evidence from a family consultant, which detailed risk factors and the children's perceptions of their parents. The court noted the children's expressed desire to live with their father and their concerns about their mother's behaviour, including allegations of her being aggressive, yelling, and making false claims about the father. The court also acknowledged the father's occasional cannabis use and the mother's past problematic alcohol consumption.

Ultimately, the court ordered that all previous parenting orders be discharged. The father was granted sole parental responsibility for the children in relation to their long-term care, welfare, and development, including decisions about education, religion, health, residence, and passport issuance. The children were ordered to live with the father. The mother was granted specific time with the children, with detailed provisions for school holidays and weekends, and communication protocols were established, including the use of the "My Mob" app. The court also made orders restraining both parties from denigrating each other in the presence of the children and from consuming illicit substances or excessive alcohol prior to or in the presence of the children. The Independent Children's Lawyer was to remain appointed for six months to oversee the implementation of the orders.