SANDEX & BONDIR

In the matter of SANDEX & BONDIR, the mother applied to vary final parenting orders concerning the parties' two children, X and Y, less than two years after they were pronounced. Both parents sought sole parental responsibility, and the relationship was characterised by a high level of conflict and an inability to communicate. The mother alleged the father was manipulative, intimidating, and threatening towards the children, who themselves expressed a strong wish to remain living with the father and have very limited contact with the mother. The case was heard by Judge Bender.

The court was required to determine the parenting arrangements for X and Y, specifically addressing issues of parental responsibility, the children's living arrangements, and the nature and extent of contact between the children and their mother. The court also had to consider the children's expressed wishes and the allegations made by the mother against the father.

Judge Bender reasoned that the children's expressed wishes were a significant factor in determining their best interests, particularly given their ages. The court found that the existing level of conflict between the parents was detrimental to the children and that the father was better placed to provide stability. Consequently, the court ordered that the father retain sole parental responsibility for all major long-term parenting decisions, with a specific process for the father to consult the mother. The children were ordered to live with the father, and the mother's time and communication with the children were significantly limited, largely in accordance with the children's stated preferences, with provisions for specific holidays and communication methods. The court also made orders for ongoing monitoring by a psychologist and the Independent Children's Lawyer, and imposed restraints on the mother regarding future applications without leave.