Lisle and Lisle and Anor

In the Family Court of Australia, the proceedings involved Ms Lisle (the mother) and Mr Lisle (the father), concerning parenting arrangements for their two children, X (born March 2000) and Y (born December 2004). The Director-General of the Department of Human Services, Community Services, intervened due to serious child protection issues. The parties were unable to agree on final parenting arrangements, prompting the court's intervention. The mother sought sole parental responsibility for both children and the discharge of all previous parenting orders.

The court was required to determine the best interests of the children, X and Y, in light of allegations of child sexual abuse and parental alienation. This involved considering the children's living arrangements, time spent with each parent and their sibling, and the need for supervised contact. The court also had to address the significant concerns raised by the Department of Human Services and the role of the paternal grandparents in facilitating contact and ensuring the children's well-being.

Johnston J applied the principles of the *Family Law Act 1975* (Cth), particularly Part VII concerning children's best interests, including factors such as the child's right to know and be cared for by both parents, the need to protect the child from harm, and the likely effect of any proposed arrangements on the child's development. The court's reasoning focused on establishing a stable and safe environment for both children, acknowledging the need for separation of the siblings for a period to address alienation issues, and implementing supervised contact with the father and between the sisters. The court also made extensive orders regarding communication between parents, parental responsibilities, and the involvement of the Department and the paternal grandparents to ensure compliance and the children's welfare.

The court ordered the discharge of all previous parenting orders. The mother was granted sole parental responsibility for Y, with Y to live with her. For an initial period of 18 months, Y was to spend supervised time with her sister X and supervised time with her father, with the paternal grandparents overseeing these arrangements. Following this 18-month period, Y's time with her father was to increase. The father was granted sole parental responsibility for X, with X to live with him and spend time with her mother as per X's wishes. Significant restrictions were placed on parental communication, and the Department was to monitor and report on the children's progress, with referrals for therapy for both the father and X. The paternal grandparents were joined to the proceedings to provide undertakings regarding supervision and reporting.