Matthews and Bender (No 2)

In *Matthews & Bender (No 2)*, the Family Court of Australia considered parenting orders concerning a child, M, born in 2005. The applicant father sought sole parental responsibility and that the child live with him, while the respondent mother alleged the father and paternal grandfather had sexually abused the child and that the father was a neglectful and incompetent parent. The court was required to determine whether the child was at an unacceptable risk of sexual abuse or neglect in the father's care, and if not, what parenting arrangements were in the child's best interests.

The court's reasoning focused on assessing the mother's allegations of child abuse and neglect against the father. After considering the evidence, including reports from a Family Consultant and a child psychologist, the court was satisfied that the child had not been abused and that the father posed no risk of abuse or neglect. The court found that the mother's allegations, which had a long history of litigation, were unsubstantiated. The court also noted the mother's apparent inability to facilitate a relationship between the child and the father, which was detrimental to the child's best interests.

Applying the principles of the *Family Law Act 1975* (Cth), particularly concerning the best interests of the child, the court discharged all previous parenting orders. The father was granted sole parental responsibility for long-term issues, with specific requirements to consult the mother on decisions. The child was ordered to live with the father, and the mother was significantly restrained from interfering with the father's care of the child. The court also made detailed orders regarding the child's counselling, education, and communication between the parents, reserving the question of the mother's time with the child for a future report.