JEVONS & JEVONS

The Family Court of Australia considered competing applications for parenting orders concerning the parties' three children, G, S, and H. The dispute centred on the youngest child, H, who had been living with the father for some time, while the two elder children, G and S, lived with the mother. The applications involved determining with whom the children would live, spend time, and communicate, with the elder children's wishes being a significant factor.

The court was required to determine the best interests of the children, specifically addressing the separation of siblings, the children's exposure to parental conflict, the father's historical non-compliance with court orders, his failure to pay child support, and his lack of support for the children's relationship with their mother. A key issue was whether the youngest child, H, was at risk of emotional harm from the father and whether a change of residence for H was necessary to restore sibling relationships. The court also had to consider the issue of parental responsibility in light of poor communication and ongoing conflict between the parents, who had been separated for nine years.

In its reasoning, the court applied the principles of the *Family Law Act 1975* (Cth), particularly sections 60CC and 64B, focusing on the children's best interests. The court noted the children's involvement in parental conflict and adult issues, the father's non-compliance with previous orders, and his failure to support the children's relationship with their mother. The court found that H was at risk of emotional harm from the father and that restoring sibling relationships was paramount. Consequently, the court ordered that H live with the mother, thereby facilitating a change of residence and the restoration of sibling unity.

By consent, the court ordered that the elder children, G and S, live with, spend time with, and communicate with each parent in accordance with their own views. The court further ordered that the mother have sole parental responsibility for all three children. The father was granted specific time with H, with detailed provisions for school holidays and alternate weekends during school terms, along with orders regarding communication, notification of medical matters, and participation in a "Keeping in Contact Program." The court also made orders prohibiting the denigration of either parent and authorising the parties to obtain information from the children's medical practitioners and schools.