MATENSON & MATENSON (No.2)

This case concerned parenting orders for three children, X (born 2002), Y (born 2004), and Z (born 2006). The proceedings were before Judge Howard in the Federal Circuit Court of Australia. The father had filed a notice of discontinuance in relation to his applications, leading to the matter proceeding as an undefended hearing.

The court was required to determine what parenting orders were in the best interests of the children, considering the primary considerations under section 60CC(2) of the Family Law Act 1975 (Cth), namely the benefit of a meaningful relationship with both parents and the need to protect the children from harm. The court also had to consider the additional considerations under section 60CC(3), particularly the expressed wishes of the children, taking into account their maturity and understanding.

Judge Howard reasoned that the evidence before the court, including the family report, was largely unchallenged due to the father's discontinuance of his applications. The court placed significant weight on the children's expressed wishes, as detailed in the family report. Specifically, the eldest child, X, articulated significant distress and a desire to cease contact with the father, expressing nightmares and a wish to focus on her education. The court noted that X felt "heard" by the Independent Children's Lawyer and that her wishes were consistent with her maturity and understanding. The court also considered the father's previous allegations of harm, which were also unchallenged.

Consequently, the court ordered that all previous parenting orders be discharged. The mother was granted sole parental responsibility for the children, and the children were ordered to live with the mother. The father was permitted to spend time and communicate with the children at all times as they expressed a wish to do so, and by any means they chose. The father was also permitted to send gifts and cards on special occasions to the mother's mailing address. The court also made orders regarding the exchange of contact information, notification of emergencies, and the children's passports and overseas travel with the mother. All outstanding applications, including the father's contravention application, were dismissed, and the Independent Children's Lawyer was discharged.