MASTERS & MASTERS

In the matter of *Masters & Masters*, Foster J of the Family Court of Australia considered a dispute concerning the living arrangements and parental responsibility for three children. The father sought orders for the children to live with him and for him to hold sole parental responsibility. The mother did not appear at the final hearing, and the proceedings were therefore conducted on an undefended basis.

The court was required to determine the best interests of the children, particularly in light of the fact that they had lived solely with the father. Key issues included the mother's lack of engagement with the proceedings and her prior attempts to spend time with the children. Furthermore, the court had to consider allegations of sexual abuse perpetrated by the mother's partner, which necessitated a restraint on the children's contact with him and a consideration of supervised contact arrangements with the mother.

Foster J reasoned that the children's welfare was paramount. Given the children's established residence with the father and the mother's non-participation, the court found it to be in the children's best interests to live with the father and for him to hold sole parental responsibility. The court also imposed a restraint on the children having any contact with the mother's partner, Mr E, due to the allegations of sexual abuse. Supervised time with the mother was ordered, with specific provisions for the assessment and facilitation of such contact, including the potential use of a contact centre and the mother's responsibility for associated costs. The father was also ordered to facilitate telephone communication if requested by the children and to ensure their continued access to counselling services.