GOUDARZI & BAGHERI

The case involved a father seeking time with his two children, aged 12 and 17, with whom he had not spent meaningful time since December 2015. The older child agreed to spend time with the father as he wished. The father proposed a three-month period of care for the younger child, isolated from the mother, followed by equal time arrangements. The mother alleged the father posed a risk to the children and also made unsubstantiated allegations of corruption against various individuals involved in the proceedings, including court officers and legal professionals, which she disseminated online. The court was satisfied that the mother's allegations against the father were unfounded, but found that she had acted to isolate the children from him. The court also noted that the younger child was currently performing well and that there were risks associated with drastically altering her circumstances or isolating her from her brother.

The primary legal issues before the court were how to best promote the children's welfare and best interests, particularly in light of the father's limited recent involvement, the mother's allegations and actions, and the children's stated wishes. The court was required to determine appropriate parenting orders that would facilitate a relationship between the father and his children, while also considering the potential risks and the existing circumstances of the younger child. This involved assessing the impact of the mother's conduct on the children's views of their father and the potential consequences of implementing the father's proposed arrangements.

In reaching its decision, the court applied the principles of the *Family Law Act 1975* (Cth), particularly those concerning the paramountcy of the child's best interests and the concept of parental responsibility. The court found that while the mother's allegations of risk against the father were unfounded, her actions had demonstrably worked to alienate the children from him. The court also considered the potential negative impact of isolating the younger child from her brother and the risks associated with a radical change to her current stable circumstances. Consequently, the court made orders for the children to live with the mother, while also facilitating time and communication with the father in accordance with the children's wishes, particularly the older child's. The orders also included provisions to prevent negative commentary about either parent and to ensure ongoing communication and information sharing regarding the children's welfare.

The court ordered that all previous parenting orders for both children be discharged. The older child, D, was to spend time with and communicate with the father in accordance with his wishes, with parental responsibility remaining with both parents. For the younger child, E, the parents were to have equal shared parental responsibility for long-term decisions, E was to live with the mother, and spend time with and communicate with the father in accordance with her wishes. The orders also detailed provisions for communication, the exchange of information, and restrictions on parental conduct to protect the children's welfare and facilitate a relationship with both parents.