PEDRAD & PEDRAD

In the matter of *Pedrad & Pedrad*, Judge Burchardt of the Federal Circuit and Family Court of Australia considered an application by the father for parenting orders concerning his two children, aged 15 and 10 and a half. The core of the dispute involved the children's expressed strong opposition to any contact with their father.

The primary legal issue before the court was whether the father's application for parenting orders should be summarily dismissed. This required the court to assess whether the father's case had any reasonable prospect of success, particularly in light of the children's adamantine opposition to contact and the submissions made by the mother and the Independent Children's Lawyer.

Judge Burchardt reasoned that the father's submissions failed to adequately address the opposing views presented by the mother and the Independent Children's Lawyer. Given the children's advanced ages and their clear and firm stance against contact, the court concluded that the father's application lacked a reasonable prospect of success. Consequently, the court ordered the discharge of all previous parenting orders and made new orders granting the mother sole parental responsibility and determining that the children live with her. The children were to spend time and communicate with the father according to their wishes or as otherwise agreed in writing. The court also made orders regarding communication between the parents, school enrolment for one child, and injunctions restraining denigration and discussion of the family law dispute in the children's presence. Pursuant to section 45A of the *Family Law Act 1975*, the father's initiating application was dismissed.