Sathra and Sathra (No 2)

In the matter of *Sathra and Sathra (No 2)*, Watts J of the Family Court of Australia considered a dispute between the mother and father concerning their two children, M and L. The mother alleged violence and aggression from the father towards her and the children, while the father asserted the children had been coached by the mother and her family. The proceedings were characterised by a significant number of contravention applications and applications in a case filed by both parties, and they had previously consented to an order requiring leave to institute further proceedings relating to the children. The court also addressed an application to vary child support orders made in the context of a final property settlement, with the mother agreeing to give the father credit against child support arrears for costs orders in his favour.

The primary legal issues before the court were whether the eldest child, M, should be permitted to choose whether to spend time with the father, and whether the younger child, L, should spend time with the father independently of her elder sibling. The court was also required to determine the appropriate parenting arrangements for the children, considering the allegations of family violence and parental alienation.

Watts J discharged all previous parenting orders. The court found that the mother should have sole parental responsibility for the children, including the ability to travel with them overseas. The mother was ordered to provide the father with notice of any major decisions regarding the children's education, medical care, or long-term welfare, and to consider any views he expressed in writing within 21 days. Day-to-day decisions were to be made by the parent with whom the children were residing. The children were to live with the mother. The court made specific orders for the father to spend time with both children together between the date of the orders and the end of the third school term in 2013, with detailed provisions for the frequency, location, and duration of these visits, including requirements for notice, accommodation, and attendance at extracurricular activities. Crucially, the orders stipulated that the children were not to spend time with or communicate with the father in a manner inconsistent with the specific orders after the end of the third school term in 2013.