Finnerty and Finnerty

In the matter of *Finnerty and Finnerty*, Austin J of the Supreme Court of New South Wales considered an application to amend existing parenting orders. The dispute concerned the arrangements for the children of the marriage, specifically relating to the eldest child, T.

The primary legal issue before the court was whether the existing parenting orders, made on 28 April 2009, should be amended to exclude the eldest child, T, from their operation. A further issue was the extent to which the court should make orders reflecting the wishes of T regarding time and communication with the father.

Austin J reasoned that the existing orders were no longer appropriate for the eldest child, T, given T's age and expressed wishes. The court applied the overarching principle that the best interests of the child are paramount in all parenting matters. In this instance, the court determined that T's wishes were a significant factor in assessing those best interests.

Consequently, Austin J ordered that specific orders made on 28 April 2009 be amended to exclude T. The court further ordered that both parties take all reasonable steps to ensure T spends time and communicates with the father in accordance with T's wishes. All other outstanding applications were dismissed.