Peters and Ustinov

In *Peters and Ustinov*, Collier J of the Family Court of Australia considered parenting orders concerning two children, H and B. The dispute centred on the father's perceived inability to engage in collaborative decision-making regarding the children's upbringing, which the mother argued created significant pressure and distress.

The court was required to determine whether to grant sole parental responsibility to the mother, discharging previous orders, and to establish a framework for the father's involvement in the children's lives, particularly concerning long-term decisions and his time with the children. A key issue was whether shared parental responsibility would be in the children's best interests, given the father's demonstrated approach to disagreements.

Collier J found that the father exhibited a fixed belief in the correctness of his own views and an inability to consider or accept alternative perspectives. This approach, the court reasoned, would lead to overbearing and offensive communications towards the mother, causing her distress and negatively impacting her relationship with the children. The court concluded that conferring equal shared parental responsibility would not be in the children's best interests and would likely result in constant conflict, placing the children in the middle of disputes. Consequently, the court ordered that the mother have sole parental responsibility for both children, with specific provisions for the father to be informed of and provide input on long-term decisions, and for the mother to consider his input before making final decisions. The issue of the father's time with the children was stood over pending the provision of medical material concerning the father's health.