Mattson and Mattson

In the matter of Mattson and Mattson, heard by Judge Howard, the dispute concerned parenting orders for the parties' children. The court was required to determine the best interests of the children in accordance with the Family Law Act 1975 (Cth).

The court's primary considerations were the benefit to the children of having a meaningful relationship with both parents and the need to protect them from harm. The court was directed to give greater weight to the latter. Additional considerations under section 60CC(3) were also to be taken into account. The court considered evidence from a family report, including the expressed wishes of an 11-year-old child, X. X desired to remain in her current location for primary school, maintain contact with both parents, and live with her mother, citing her mother's consistent presence and her father's work commitments.

The court noted that there would be benefits to the children in maintaining relationships with both parents. While acknowledging some issues raised regarding potential harm, the court focused on the child's stated wishes and her preference to live with her mother. The court also considered the practicalities of schooling and potential relocation, including the possibility of boarding school.

The court made orders requiring the parties to exchange proposed Final Orders by a specified date, attempt to reach an agreement on the wording, and submit it to the Court. If an agreement could not be reached, the matter was to be listed for a mention, with both parties and their legal representatives to attend.