HANES & HANES

In the matter of *Hanes & Hanes*, heard by Judge C Kelly, the dispute concerned the parental responsibility and living arrangements for two children, X and Y. The proceedings involved allegations of sexual and physical abuse by the father, and the children expressed a clear opposition to resuming a relationship with him.

The court was required to determine whether there was an unacceptable risk of harm to the children if they were to live with or spend time with their father. Central to this determination was the paramount consideration of the children's best interests, particularly in light of their stated opposition to contact and the serious allegations made against the father.

Judge C Kelly reasoned that the allegations of sexual and physical abuse, coupled with the children's expressed wishes and their opposition to contact, created an unacceptable risk to their safety and well-being. Applying the principles of the *Family Law Act 1975* (Cth), the court prioritised the children's best interests, finding that it was not in their welfare to have unsupervised or even supervised contact with the father at that time. The court noted the children's strong views and the potential for further harm if their wishes were disregarded.

Consequently, the court ordered that the mother have sole parental responsibility for the children, and that the children live with the mother. The father's application for the children to live with or spend time with him was dismissed. Limited, indirect contact was permitted through cards, letters, and gifts, with specific conditions regarding timing and facilitation of any future requests by the children to re-establish contact. All proceedings were dismissed as finalised.