Golena and Golena

In the matter of Golena and Golena, heard by Judge Terry, the dispute concerned the parenting arrangements for two children, X (born 2013) and Y (born 2016). The court was required to determine the future parental responsibility, living arrangements, and contact arrangements for the children with their parents.

The court was tasked with considering the primary considerations under section 60CC(2) of the *Family Law Act*, namely the benefit of a meaningful relationship with both parents and the need to protect the children from harm. Additionally, the court had to assess the additional considerations under section 60CC(3), including the children's views, the nature of their relationships with each parent and other significant persons, and the extent to which each parent had fulfilled their parental obligations.

Judge Terry noted that X, aged just over five at the time of the family report interviews, expressed a preference for supervised contact with the father, indicating a concern that he might "get into trouble." Y, aged under three, did not participate in interviews. The court found the mother to be the children's primary attachment figure, with whom they shared a close relationship, as they did with their maternal grandparents. While the children related well to the father during supervised visits and had shown distress when visits were cancelled, the family report indicated the father's interactions, though warm, were inconsistently divided between the children and he appeared to reinforce favouritism towards X. The father had limited evidence of a relationship with his own extended family in relation to the children.

The court ordered that all previous parenting orders be discharged. The mother was granted sole parental responsibility, and the children were to live with her and spend no time with the father. Communication was limited to the father sending cards, gifts, or letters on no more than four occasions per year, and the mother was to facilitate the children receiving these. The mother was also to authorise schools to provide the father with school reports and photograph order forms upon his request. Furthermore, pursuant to section 68B of the *Family Law Act*, an injunction was granted restraining the father from approaching any premises where the children lived or any school or preschool they attended.