LETH & YAYATHI

The case involved a dispute between a mother and father concerning parenting orders for their two children, B and C. The mother sought orders for the children to live with her, with only the son spending time with the father. The father sought sole parental responsibility for both children and for them to live with him, with no contact for the mother for six months. The father also contended that the mother posed an unacceptable risk of psychological harm to the children.

The court was required to determine the best interests of the children, specifically whether there was an unacceptable risk of sexual abuse of the daughter by the father, and whether the father presented an unacceptable risk of psychological harm to the children. The court also had to consider the impact of a failed reintroduction program between the father and daughter and the existing poor relationship and physical distance between the parents.

The court found, on the balance of probabilities, that sexual abuse of the daughter by the father had not occurred. Applying the principles in *Briginshaw v Briginshaw* and considering the best interests of the children under the *Family Law Act 1975*, the court made orders for equal shared parental responsibility for the son, but sole parental responsibility for the daughter to the mother. The court determined that a change of residence for the daughter would be traumatic and that it was in the best interests of both children that they continue to live with the mother. Due to the poor relationship and physical distance between the parents, no order for equal or substantial and significant time between the son and father was made.