Seales and Pacillo

In *Seales and Pacillo*, Hannam J of the Federal Circuit and Family Court of Australia considered orders concerning a child born in 1999. The dispute involved the parents' arrangements for their child, including living arrangements, time spent with each parent, communication between parents, and the child's welfare.

The court was required to determine the specific orders that would best serve the child's interests, particularly given the child's age and stated wishes. Key issues included how to facilitate the child's continued psychological assistance, establish clear communication protocols between the parents, and implement measures to protect the child from parental conflict and inappropriate influences. The court also addressed parental responsibilities regarding the child's medical care, education, and adherence to legal driving and curfew requirements.

Hannam J applied principles of family law, prioritising the child's best interests and welfare. The court recognised the child's capacity to express his wishes and incorporated these into the orders. Specific orders were made to ensure the child's ongoing psychological support and to regulate parental communication, mandating SMS or email for discussions about the child and requiring active, charged mobile phones during specified hours. The court also imposed restrictions on parental conduct, including prohibitions against denigrating the other parent in the child's presence and discussing the proceedings with the child. Furthermore, orders were made regarding the notification of medical treatment, access to school and medical information, and the responsible use of motor vehicles and adherence to curfews.

The court discharged all previous orders and made new orders by consent. These orders stipulated that the child would live with either parent according to his wishes, and spend time with and communicate with each parent as he wished. The parents were ordered to ensure the child continued to receive psychological assistance, to communicate via SMS or email, and to maintain active mobile phones. Specific notification requirements for medical treatment were established, and both parents were restrained from denigrating each other or discussing the proceedings with the child. Consent orders also included provisions for the child obtaining a license before operating a motor vehicle, enforcing a strict curfew, and restraining each parent from consuming alcohol while the child was in their care.