PICTON & ALLEVA

In the matter of *PICTON & ALLEVA*, heard by Judge Lapthorn, the dispute concerned parenting arrangements for two children, X (born 2004) and Y (born 2006). The mother sought orders for the children to live with her and for her to have sole parental responsibility. The children had not seen their father for eight years and expressed fear of him.

The court was required to determine the weight to be given to the children's wishes, given their ages of 16 and 14, and to make orders regarding the children's living arrangements, parental responsibility, and their time and communication with the father, in light of the alleged family violence and the children's fear.

Judge Lapthorn reasoned that the children's expressed fear of the father was a significant factor in determining their best interests. The court applied the principles of the *Family Law Act 1975* (Cth), particularly those relating to the paramountcy of the child's welfare and best interests, and the consideration of the child's views. The court ordered that the children live with the mother and that she have sole parental responsibility. The father was to spend time or communicate with the children only at times initiated by the children, and he was restrained from approaching them or attending their school or extracurricular activities unless invited in writing by the mother or the children. The court also made orders regarding the father's ability to provide his contact details to the children's school and for each party to refrain from denigrating the other to the children. Further orders addressed notification of school changes and the role of the Independent Children's Lawyer.