Filders and Rafter and Anor

This matter concerned parenting arrangements for two children, X and Y, who shared the same mother, Ms Rafter, but had different fathers, Mr Filders and Mr Hooke respectively. The dispute involved the children's living arrangements and time spent with each parent. The court was required to determine the best interests of both children, taking into account their ages, developmental needs, and expressed wishes.

The primary legal issues before the court were: (1) whether to grant equal shared parental responsibility for each child to their respective parents; (2) the specific living arrangements and time each child would spend with each parent; and (3) how to best accommodate the expressed wishes of the children, particularly the older child who was autistic and desired to live primarily with his father. The court also considered recommendations from the family report writer and the Independent Children's Lawyer.

Judge Burchardt applied the principles of the *Family Law Act 1975* (Cth), focusing on the best interests of the children as paramount. The court noted the autistic child's clear preference to live primarily with his father, Mr Filders, and the Independent Children's Lawyer's recommendation for an adjusted time arrangement to reflect this. The court also considered the younger child's living arrangements, which were predominantly with his father, Mr Hooke.

The court ordered that all previous parenting orders be discharged. Mr Filders and Ms Rafter were granted equal shared parental responsibility for X, with X to live with Mr Filders, and specific time arrangements were set for Ms Rafter. Similarly, Mr Hooke and Ms Rafter were granted equal shared parental responsibility for Y, with Y to live with Mr Hooke, and detailed time arrangements were established for Ms Rafter. The court also made orders regarding medical information sharing, school reports, and participation in a parenting program, along with injunctions restraining denigration and discussion of proceedings in the presence of the children. The appointment of the Independent Children's Lawyer was discharged.