Lyndon and Lyndon

In *Lyndon and Lyndon*, heard in the Family Court of Australia at Sydney, Moore J considered parenting orders concerning the parties' two daughters, aged 17 and 12½ years at the time of the proceedings. The dispute centred on the extent to which the children should spend time with their father, following a protracted period of parental conflict and litigation since the parents' separation in 2001. The mother had been the primary carer of the children since the separation.

The court was required to determine the appropriate parenting arrangements for both daughters, with a particular focus on the father's time with them. Key legal issues included assessing the children's best interests, considering their views, the nature of their relationships with each parent, each parent's capacity to meet the children's needs, and the willingness and ability of each parent to foster the children's relationship with the other. The court also had to consider whether to make orders for the elder daughter's time with her father, given her age and maturity, and whether any orders for parental responsibility were appropriate.

In reaching its decision, the court applied the paramount consideration of the best interests of the child, as outlined in the *Family Law Act 1975* (Cth). The court gave significant weight to the views of the elder daughter, who expressed a preference for flexibility rather than fixed arrangements, and the younger daughter, who indicated a desire to maintain current arrangements but with some added flexibility. The court found the mother to be a capable and caring parent who had provided stability and support, and noted her willingness to consider options beyond her initial preferences. Conversely, the court found the father to be rigid and uncompromising, with limited insight into his own contribution to the parental conflict and the fractured relationship with his elder daughter. The court concluded that making orders for the elder daughter's time with her father was not in her best interests, given her maturity and preference for autonomy, and that she should be free to make her own arrangements. For the younger daughter, the court ordered an increase in time with her father to every third weekend during school terms, commencing on Friday afternoons, and half of the school holidays, reflecting a compromise between her expressed preferences and the recommendations of the family consultant and children's representative. The court declined to make orders for equal shared parental responsibility due to the parents' inability to communicate constructively.