Gleeson and Leighton

In *Gleeson and Leighton*, the Family Court of Australia was asked to determine the primary residence of two sons, J and H, and to make consequential parenting orders. The dispute concerned whether the children should continue to live with their father in Sydney or relocate to live with their mother in South Australia. This was a complex matter involving a history of acrimonious litigation between the parents and their respective spouses.

The court was required to determine the best interests of the children, considering the primary considerations under section 60CC(2) of the *Family Law Act 1975* (Cth), including the benefit of a meaningful relationship with both parents and the need to protect the children from harm. Additionally, the court had to consider various additional factors under section 60CC(3), such as the children's views, the nature of their relationships with each parent and their step-parents, and the practicalities of communication and contact. The court also had to assess the parents' capacity to facilitate a continuing relationship between the children and the other parent, and the potential impact of any change in residence.

Watts J ultimately ordered that the children live with their mother in South Australia from the commencement of the 2007 school term. The court found that the children's views, particularly H's consistent and unwavering desire to live with his mother and J's preference for his mother's household, carried significant weight. While acknowledging the father's concerns regarding the mother's household, the court concluded that the mother's current alcohol consumption, her husband's mental health, and past incidents of aggression did not pose an unacceptable risk to the children. The court also made detailed orders regarding the father's time with the children, including provisions for school holidays, weekends, and communication, aiming to maximise their time together while acknowledging the geographical distance. The court also ordered the continuation of the Independent Children's Lawyer and mandated post-separation counselling for the parents to improve their communication and co-parenting capacity.