Sachs and Monaghan

In the matter of *Sachs and Monaghan*, heard by Judge Coakes, the dispute concerned parenting orders for three children: [X] (born 2003), [Y] (born 2005), and [Z] (born 2008). The father had filed an application which was subsequently dismissed for want of prosecution. The court was required to determine the best interests of the children, specifically considering the primary considerations under section 60CC of the *Family Law Act 1975* (Cth): the benefit to the children of a meaningful relationship with both parents, and the need to protect them from harm.

The court found that the children had a close and loving relationship with their mother, which was of great benefit to them. The mother had recognised the damaging nature of her past relationship with the father and was focused on protecting the children, ensuring they received counselling and appropriate medical treatment. The court was satisfied that the mother could provide stability for the children, particularly for [Y] during her recovery from trauma. Regarding the father, the court found that the evidence did not establish a benefit to the children in maintaining a relationship with him, given his apparent lack of interest and absence from the hearing. However, the court noted that the children did not wish to lose contact entirely and might benefit from communication on special occasions, subject to vetting by the mother.

Crucially, the court determined there was a clear need to protect the children from the risks of family violence and psychological harm stemming from the father's past behaviour. Evidence was presented of [X]'s memory of the father throwing a beer bottle at her mother and damaging property, and [Y]'s memory of being hit by her father, as well as her complaint to a psychologist about his behaviour. Consequently, the court ordered that the mother have sole parental responsibility for the children, that they live with her, and have no time or direct communication with the father. The father was permitted to communicate only through cards, letters, and gifts sent by post, to be initially reviewed by the mother for suitability before being given to the children. Members of the paternal family were permitted to communicate under the same conditions. All previous parenting orders were discharged.