KONSTANTINOV & AINSLEY

The Family Court of Australia considered parenting orders for three children in proceedings between the applicant father, Mr Konstantinov, and the respondent mother, Ms Ainsley. The dispute arose following the parties' separation, with the children initially living with the mother but subsequently residing with the father. The proceedings were undefended by the mother, who had voluntarily withdrawn from active participation.

The court was required to determine the best interests of the children, specifically whether the father should have sole parental responsibility and for the children to live with him. A key issue was the extent to which the mother should have contact with the children, given the history of family violence, neglect, and threats made by the mother. The court also had to consider an application for an injunction restraining the mother from approaching the children at school.

Justice Austin applied the principles of the *Family Law Act 1975* (Cth), particularly those concerning the best interests of the child, including the importance of the child having a meaningful relationship with both parents where practicable and safe. The court gave little weight to the eldest child's wish to live with the mother, noting the mother's voluntary withdrawal from the children's lives and her threats of violence. The father's demonstrated insight into the children's needs and willingness to encourage their relationship with the mother were significant factors. The court found the children were at a high risk of abuse, family violence, and neglect in the mother's care and felt safest with the father.

The court ordered that all former parenting orders be discharged, that the father have sole parental responsibility, and that the children live with him. The mother was restrained from approaching any school attended by the children. No specific provision was made for the children to spend time or communicate with the mother, with the father to determine any such interaction as an incident of his sole parental responsibility.