Radley and Holder

This case concerned parenting orders made by Judge Terry in the Federal Circuit Court of Australia. The dispute involved the father and mother of three children, Z, X, and Y, regarding their living arrangements, parental responsibility, and contact.

The court was required to determine the best interests of the children, specifically considering the views of the children, the capacity of each parent to provide for their needs, the likely effect of any change in circumstances, and any family violence. A key issue was the weight to be given to the expressed wishes of Z, who was adamant about wanting to see his father despite past difficulties and a police report made in 2014.

Judge Terry considered the views of Z, who, despite being distressed during interviews, expressed a strong desire to see his father, believing him to be changed and no longer a negative influence. Z stated he was old enough to handle any potential negative behaviour from his father and that his feelings for his father remained unchanged. The mother also confirmed Z's persistent desire to see his father, which led to Z leaving her home to live with the father. The court accepted that Z was happy living with his father but missed his siblings. The court also noted the father's injunction and restraint from contacting the mother and siblings, and the mother's ability to obtain passports and travel internationally with the children without the father's consent.