Green and Hann

This case concerned parenting orders for two children, C and S, born in 2001 and 2003 respectively. The dispute involved the father seeking sole parental responsibility and the children living with him, while the mother's role in their lives was also a central issue. The matter was heard by Cleary J.

The court was required to determine the most appropriate parenting arrangements for the children, considering their best interests. This involved assessing the capacity of each parent to meet the children's physical, emotional, and intellectual needs, particularly in light of recent behavioural difficulties exhibited by C and emulated by S. The court also had to consider the impact of any change in living arrangements on the children, including their schooling and their relationship with their mother, who had been their primary carer.

Cleary J applied the principles of the *Family Law Act 1975* (Cth), focusing on the best interests of the children. The court found that while the mother had a proven capacity to meet the children's needs in the past, her ability to manage C's behaviour and set limits had recently been impaired. This impairment, coupled with her inability to take an objective view of C's conduct and her focus on his difficulties, had made her less available to both children and had impacted their relationship with their father. The father, conversely, demonstrated a willingness to foster the children's relationship with their mother and expressed a commitment to their well-being. The court also considered the likely disruptive effect of a change in residence and schooling, but concluded that a fresh start would likely have a significant positive impact, particularly for C, by ending existing enmities.

The court ordered that previous parenting orders be discharged. The father was granted sole parental responsibility, and the children were to live with him. The mother was to have supervised contact initially, transitioning to unsupervised time, including alternate weekends and half of school holidays, subject to her engaging in therapy to address stress, anxiety, and her attitude towards the children's relationship with their father and their behaviour management. The court also made detailed orders regarding communication, schooling, medical information, and family therapy. The Independent Children's Lawyer was to continue to represent the children's interests for six months.