Reynard and Blair

In *Reynard & Blair* [2014] FCCA 1699, the Federal Circuit Court of Australia considered an application by the father (Mr Reynard) for sole parental responsibility and for the children X, Y, and Z to live with him. The respondent was the maternal aunt (Ms Blair), who had been caring for the children since their mother's death. The dispute centred on the children's welfare and living arrangements following the death of their mother, who had previously obtained a family violence intervention order against the father.

The court was required to determine several key legal issues, including whether the children had been subjected to family violence and abuse by their father, whether the maternal family had alienated the children from their father, and whether the children's expressed wishes were soundly based. These issues were to be considered in light of the paramount consideration of the children's best interests, as outlined in sections 60B, 60CA, and 60CC of the *Family Law Act 1975* (Cth). The court also considered the potential inapplicability of the presumption of equal shared parental responsibility under section 65DA, given that the maternal aunt was not a parent.

Judge Phipps found that the weight of evidence strongly indicated that the children had been subjected to abuse by their father, including witnessing him slap their mother and being subjected to physical discipline themselves. The court accepted the children's views that they did not wish to see their father as soundly based, noting their consistent accounts of his alleged violence, excessive alcohol consumption, and failure to provide adequately for their needs. The court also found that the father lacked insight into the children's feelings and needs, particularly in his attempts to discuss living arrangements with them, which had led to the children expressing a desire to cease contact. Consequently, the court concluded that the father posed a risk of further abuse and that sole parental responsibility should rest with the maternal aunt.

The court ordered that the respondent maternal aunt have sole parental responsibility for the children and that the children live with her. The children were to spend time and communicate with the applicant father as agreed with the respondent maternal aunt and in accordance with the children’s wishes. The order appointing the Independent Children’s Lawyer was discharged, and all other extant applications were dismissed.