Marsden and Marsden

In the matter of *Marsden and Marsden*, Loughnan J of the Family Court of Australia made orders concerning the welfare of three children, [M], [A], and [V]. The proceedings involved applications by both the mother and the father, with the ultimate orders reflecting a significant shift in the children's living arrangements and parental responsibilities.

The court was required to determine the appropriate orders for the children's time with each parent, parental responsibility for major decisions, the mother's ability to relocate, and restrictions on the father's proximity and communication with the mother. These determinations were made in the context of evidence suggesting the children had been exposed to psychological harm and that one child had been at risk of serious physical harm.

Loughnan J's reasoning was heavily influenced by the evidence presented, which indicated that the children had suffered psychological harm and that the eldest child, M, had been exposed to risks of serious physical harm. The court found that the views expressed by the children, who were aged 8, 6, and 3, carried no weight due to their young age and the circumstances surrounding their statements, which raised concerns of potential coaching or fabrication. The court noted that the applications of both parties were consistent with a fear of serious harm to the children. The father's concession that M had fabricated details about being locked in his room further undermined the reliability of the children's reported views. The court also considered the nature of the relationship between the children and their parents, acknowledging that both parents professed encouragement for the children's relationship with the other parent, but ultimately prioritised the children's safety and well-being.

The court made orders discharging previous arrangements for the father's time with the children, limiting his contact to two hours every fortnight at a contact centre. The mother was granted sole parental responsibility for all major decisions, without the need to consult the father. The mother was permitted to move within the St George and Sutherland Shire areas without informing the father of her new address. The father was restrained from living within a 2-kilometre radius of the mother's residence or the children's schools, and from communicating with the mother except through her legal representatives. The proceedings were adjourned for further consideration.