JG & BG

The Family Court of Australia heard proceedings concerning the welfare of two young children, Tommy and Billy, whose parents were in dispute over custody. Each parent sought sole custody, while both agreed that the children should maintain contact with the other parent. The court was required to determine which parent's custody arrangements would best promote the welfare of the children, considering the various allegations and counter-allegations made by each party.

The central legal issue before the court was the paramount consideration of the children's welfare, as mandated by section 64 of the *Family Law Act 1975* (Cth). This required the court to assess the evidence and determine which parent's proposed arrangements were most likely to serve the children's best interests. The court also had to consider the relevance and impact of allegations of family violence, the nature of the relationships between the children and each parent, and the desirability of any change in existing arrangements.

The court's reasoning focused on the principle that decisions regarding custody and access are not about determining fault or rights between parents, but solely on what is best for the child. The court acknowledged the significance of family violence and stated that it is relevant in custody proceedings if it bears on the child's welfare, to be assessed on the civil standard of proof. The court noted that while both parents were capable of providing adequate care and accommodation, the ultimate decision would hinge on which parent's proposals best promoted the children's welfare, taking into account all relevant factors including the children's relationships with extended family and the potential impact of the wife's new relationship.