MILLWOOD & MILLWOOD

In the matter of *Millwood & Millwood*, Johnston J of the Family Court of Australia considered competing applications for parental responsibility and living arrangements for the child, Y. The mother sought sole parental responsibility and for Y to live with her, with no time spent with the father. The father, in the alternative, sought a shared care arrangement. The Independent Children’s Lawyer (ICL) supported the orders sought by the mother. The proceedings were significantly complicated by allegations of sexual abuse against a minor made against the father, and family violence allegations made by the mother against the father. The mother had historically been the primary caregiver for Y.

The court was required to determine the best interests of the child, Y, in circumstances marked by serious allegations of abuse and family violence. Specifically, the court had to decide whether Y should live with the mother or father, who should have parental responsibility, and whether Y should spend any time with the father. The court also considered the complex issue of costs, given the protracted and behaviour-driven nature of the proceedings.

Johnston J made orders reflecting the mother's application and the ICL's recommendations. The mother was granted sole parental responsibility for Y, and Y was ordered to live with the mother. Crucially, Y was ordered to spend no time with the father. The court also made detailed provisions regarding the sharing of information about Y's schooling and health, and mandated professional assistance for both Y and the mother. Restraints were imposed on both parties regarding denigration of each other and discussion of proceedings with Y. In relation to costs, the court found it just to order each party to pay an equal share of the ICL's costs, totalling $7,422 for each party.