Seaward & MacDuff

The Family Court of Australia considered parenting orders concerning three children, B, J, and Z, in a highly conflicted relationship between their parents, Mr Seaward (the father) and Ms MacDuff (the mother). The dispute involved allegations of family violence, numerous apprehended violence order applications, and a recovery order made after the father failed to return the children. One child, B, refused to communicate or spend time with the father, while the father sought to have the children live with him and have greater contact.

The court was required to determine the children's best interests, specifically addressing the nature of their relationships with their parents and the mother's husband, the children's views, the risk of family violence, whether the mother had undermined the children's relationship with the father, whether the father had undermined the children's relationship with the mother, the effect of changing their circumstances, and the parties' capacity to cooperate as parents. The court also considered the father's contention that the children were at risk with the mother, including potential physical harm from her husband.

The court found that while the parental relationship was severely conflicted and posed a risk to the children, there was no unacceptable risk of the children being exposed to family violence. The court noted that the father's financial inability to afford supervised contact had significantly limited his time with the children. Applying the principles of the *Family Law Act 1975* (Cth), particularly concerning the children's best interests and the need to maintain their relationship with both parents where safe and appropriate, the court made orders discharging previous parenting orders.

The court ordered that the mother have sole parental responsibility for the children and that the children live with her. The father was granted limited supervised time with J and Z, for three hours per calendar month, with all costs to be borne by him. The father was restrained from denigrating the mother or physically disciplining the children, and from discussing proceedings with them. Similarly, the mother was restrained from denigrating the father or physically disciplining the children, and from discussing proceedings with them. The court also made orders facilitating telephone contact if the children wished to speak with the father, with the mother permitted to monitor calls.