MATTSON & THEISS

The case of *Mattson & Theiss* concerned parenting orders made by Bruce Smith J. The dispute involved allegations of neglect and abuse by the mother, and family violence by the father, with each parent seeking to demonstrate their capacity to provide a stable home life and promote a meaningful relationship with the children. The father had previously taken or withheld the children on two occasions, leading to interim orders for the children to live with him in New South Wales. However, approximately four months before the final hearing, the father unilaterally relocated with the children to Queensland without prior notice.

The central legal issues before the Court were whether each parent was capable of providing a stable home life, whether the mother had been neglectful and abusive, whether the father had committed acts of family violence, and whether each parent was capable of promoting a meaningful relationship with the other parent. A further issue was whether the principle of equal shared parental responsibility was practical in the circumstances, particularly given the father's unilateral relocation.

Bruce Smith J determined that the children should live with the mother in New South Wales. The Court ordered that the children spend time with the father during holidays and on regular weekends in Queensland. Despite the father's actions, the Court ultimately made orders for equal shared parental responsibility.