JEFFRIES & MAXWELL

In the matter of *Jeffries & Maxwell*, heard before Judge Terry, the dispute concerned the living arrangements and parental responsibility for four children: W, X, Y, and Z. The court was required to determine the primary considerations for making orders regarding the children's welfare, specifically the benefit of a meaningful relationship with both parents and the need to protect them from harm, with the latter taking precedence. Additionally, the court considered various additional factors under section 60CC of the *Family Law Act 1975*, including the children's maturity, sex, and background, any family violence, the desirability of making orders least likely to lead to further proceedings, and any other relevant matters.

The court's reasoning was heavily influenced by evidence of significant family violence perpetrated by the father, including physical violence towards the mother and verbal abuse. This violence was deemed to have had a detrimental impact on the children, particularly W and Z, who had been extensively exposed to the father's behaviour. While the children expressed a desire to maintain relationships with both parents, the court found that their views could not be given significant weight due to the circumstances. The father's limited engagement with supervised contact opportunities and his inability to control his behaviour, even when facing incarceration, were also critical factors. The court noted that the mother, despite the challenges, was providing adequate care for the younger children, and her willingness to facilitate connections with paternal relatives was a relevant consideration.

Ultimately, the court ordered that the children shall live with the mother and that she shall have sole parental responsibility. Furthermore, the children were to spend no time and have no communication with the father. The court also made declarations regarding paternity for one child, Y, and authorised the mother to apply for the father's identity to be included on Y's birth certificate.