McDougall & Anor and Hoskings (No. 2)

The Family Court of Australia, in the matter of McDougall & Anor and Hoskings (No. 2), considered proceedings commenced by the father, Mr McDougall, and step-mother, Ms Madison, against the mother, Ms Hoskings. The dispute concerned final orders regarding the living arrangements of the child, E, born in January 2000. The mother had not indicated any intention to oppose the orders sought by the father.

The court was required to determine the best interests of the child, E, in accordance with section 60CC of the *Family Law Act 1975* (Cth). This involved considering the child's wishes, the need to protect the child from harm, the benefit of a meaningful relationship with both parents, and the capacity of each parent to provide care. The court also had to consider the views expressed by the child, taking into account his maturity and level of understanding, as well as the parents' attitudes and capacities regarding their responsibilities.

Justice Dawe's reasoning was heavily influenced by a Family Consultant's report, which indicated that the child, E, expressed a strong and credible wish to remain living with his father and step-mother in Darwin. The report also highlighted concerns about the child's safety and well-being in his mother's home, suggesting a need to protect him from potential abuse or violence. The court found that the father and step-mother had the capacity to provide appropriate care and demonstrated a good attitude towards their responsibilities. Given the child's age, maturity, and the credible reasons for his expressed wishes, the court gave significant weight to his views.

Consequently, the court made final orders reflecting the child's expressed wishes, with the child to remain living principally with his father and step-mother. The orders also provided for the mother to be kept informed of significant matters concerning the child and for the child to spend time with and communicate with the mother as agreed between the parents, always taking into account the child's wishes.