MACCALL & MACCALL

The case of *Maccall & Maccall* concerned parenting orders for two children, X and Y. The father sought orders that the children live with him and that the mother's time with them gradually increase, conditional upon her engaging in psychological treatment. The mother, who had previously alleged sexual abuse by the father against the daughter, had abandoned this position and now sought orders for the children to live with her, with significant time spent with the father. A positive finding was made that the father had not sexually abused the children.

The court was required to determine the best interests of the children, considering the parental responsibility of each parent and the appropriate time arrangements. A key issue was the mother's capacity to provide for the children's needs, particularly in light of her previous allegations and the need for her to engage in psychological treatment. The court also had to consider the father's proposal for a gradual increase in the mother's time with the children, contingent on her therapeutic progress, and the recommendations of the Independent Children's Lawyer.

Hannam J reasoned that the mother's capacity to provide for the children's needs was the most salient factor in determining their best interests. The court found that the father did not pose a risk of harm to the children. Consequently, the court made orders largely in accordance with the father's proposal and the Independent Children's Lawyer's recommendations.

The court ordered that the father have sole parental responsibility for X and Y, with specific requirements for him to consult the mother on major long-term decisions. The children were ordered to live with the father. For an initial six-month period, the mother was to spend defined time with the children, with this time to increase significantly thereafter, provided she actively engaged in and complied with psychological treatment as directed. The orders also included detailed provisions regarding communication between parents, information sharing, medical care, and prohibitions on certain behaviours by the mother, such as discussing proceedings with the children or consuming alcohol when they are in her care.