Niven and Ralph

In the matter of Niven and Ralph, heard before Judge Willis, the dispute concerned parenting orders for two children, X and Z. The father sought orders for X to live with him and spend time with him, while the mother sought orders for X to live with her and for the father to have limited, child-initiated contact. No parenting orders were sought or made in relation to Z.

The court was required to determine the best interests of the child X in accordance with the *Family Law Act 1975* (Cth). Specifically, the court had to consider the principles relating to the child’s right to have a meaningful relationship with both parents, the need to protect the child from harm, and the child’s right to be heard. The court also had to consider the mother's application for sole parental responsibility for long-term decisions concerning X.

Judge Willis made orders for X to live with the mother, with the father to spend time with X only at times requested by X and expressed to the mother. The mother was also ordered to ensure X was not left in the sole care of her son, Y. Crucially, the mother was granted sole parental responsibility for all long-term decisions regarding X's education, health, religious and cultural upbringing, name, and significant changes to living arrangements. The father's application for X to live with him and spend time with him was dismissed, and no parenting orders were made for Z.