Modlin and Anstead & Anor

In *Modlin and Anstead & Anor*, Loughnan J of the Family Court of Australia considered an application concerning the parental responsibility and living arrangements for two children, X Modlin and M Modlin. The dispute involved the children’s mother and stepfather, Ms Anstead and Mr Anstead, and their father, Mr Modlin. The proceedings were brought in the context of a history of violence between the mother and father.

The court was required to determine several key issues, including the allocation of parental responsibility for the children, where the children should live, and whether the father should have any time with the children. Additionally, the court considered applications for a change of the children’s surname, the imposition of restraining orders against the father, and orders preventing the denigration of the father by the mother and stepfather. The court also addressed the payment of costs associated with the proceedings, including the Independent Children’s Lawyer.

In reaching its decision, the court applied the principles of the *Family Law Act 1975* (Cth), particularly those relating to the best interests of the child as outlined in sections 60B, 60CA, and 60CC. The court found that it was in the children’s best interests for the mother and stepfather to have equal shared parental responsibility, and for the children to live with them. Crucially, due to the history of violence and the need to protect the children, the court determined that the father should have no parental responsibility and spend no time with the children. The court also ordered that the children’s surname be changed to Anstead, retaining Modlin as a middle name, and made extensive restraining orders against the father for the protection of the mother and stepfather. Conversely, the mother and stepfather were restrained from denigrating the father to the children.

The court made detailed orders reflecting these findings. These included orders for equal shared parental responsibility and the children living with the mother and stepfather, with no time spent with the father. Restraining orders were made against the father, and also against the mother and stepfather regarding denigration. The court also ordered the change of the children’s names and addressed the payment of costs, including those of the Independent Children’s Lawyer and expert witnesses.