MELLER & MELLER

This matter concerned parenting orders for three children, X, Y, and Z, before Judge Coakes. The dispute revolved around the children's living arrangements, parental responsibility, and the nature and extent of their contact with each parent. The court was required to determine the best interests of the children, considering the primary considerations under section 60CC 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's reasoning focused on the evidence presented regarding the children's relationships with each parent. It was found that while the children derived significant benefit from a meaningful relationship with their father, their current relationship with their mother was minimal, with little prospect of a meaningful connection at present. However, the court noted that this had not always been the case, and the children had not entirely ruled out the possibility of renewing their relationship with their mother in the future. Crucially, the court identified a significant risk of psychological harm to the children stemming from the father's ongoing hostility towards the mother, described as "chronic toxicity." Despite this, the court found no risk of physical harm in either parent's home.

In light of these findings, the court discharged all previous parenting orders and made new orders. The father was granted sole parental responsibility for the children, and they were ordered to live with him. Contact with the mother was to occur in accordance with the children's wishes. The court also made extensive orders aimed at improving parental communication and facilitating the potential re-establishment of a relationship between the children and their mother. These included mandatory therapeutic counselling for both parents, continued psychological support for the children, and specific provisions for the mother to provide a letter of apology to the children. Furthermore, strict orders were made restraining both parents from denigrating each other in the children's presence, discussing court proceedings with them, or showing them court documents. The Independent Children's Lawyer's role was extended for a period to oversee the implementation of these orders.