Hodges and Xiu

In *Hodges and Xiu*, heard by Cronin J, the proceedings concerned an application by the father and a response by the mother, both relating to the care and decision-making for their child. The court was faced with a history of protracted litigation and concerns about parental alienation of experts involved in the child's care.

The central legal issues before the court were whether to grant the father's application and the mother's response, and how to address the ongoing conflict and potential for further litigation that was detrimental to the child. The court also considered the prophetic concerns raised by a previous judge, Dessau J, regarding the parents' tendency to involve the court as a first resort for resolving issues concerning the child and the potential need for draconian measures if parental alienation continued.

Cronin J's reasoning focused on the need for a comprehensive testing of the evidence rather than relying on submissions alone. The judge noted that some facts, such as the father jumping the mother's gate, were not disputed but required further examination. The court acknowledged the mother's complaints about inquiries affecting her services and the father's right to obtain information about the child, but found insufficient evidence to determine the substance of these matters. Ultimately, the court expressed a lack of optimism for a shared parenting resolution, echoing Dessau J's concerns about endless litigation and the potential for appointing a guardian for the child if the matter returned to court.

The court dismissed both the father's application and the mother's response. It further directed that any future applications for leave by either party must be filed and forthwith served upon the other party. The judge also directed that the reasons for this decision be brought to the attention of the coordinating registrar.