SELLERS & BARLOW

This matter concerned interim parenting orders sought by Mr Sellers (the applicant father) and Ms Barlow (the respondent mother) in the Family Court of Australia. The dispute involved the children, B and C, who had been in the father's care since February 2020. The proceedings had been lengthy, with the trial significantly exceeding its anticipated duration.

The court was required to determine appropriate interim parenting orders, specifically addressing the children's communication and contact with their mother, given the extended period without face-to-face contact. A key legal issue was how to weigh the children's expressed desire to see their mother against their individual circumstances, including their ages, maturity, and diagnosed developmental challenges, in accordance with the Family Law Act 1975 (Cth). The court also had to consider the father's liberty to arrange psychological assessments for B.

In its reasoning, the court referenced sections 60B, 60CA, and 60CC of the Family Law Act 1975, emphasising that the paramount consideration in making parenting orders is the best interests of the child. It noted the primary considerations of a meaningful relationship with both parents and protection from harm, with greater weight given to the latter. The court also considered additional factors, including the children's views, their relationships with each parent, and the practicalities of contact. Despite acknowledging the children's expressed desire to see their mother, the court determined that, given their maturity levels and developmental challenges, no weight should be placed on their views, other than to recognise their love for their mother. The court also considered the history of high conflict between the parents and previous findings regarding the mother's compliance with orders and the children's well-being.

The court made orders varying the Skype call times for the children to communicate with their mother, granting additional Skype communication on B's birthday and Christmas Day, and allowing the mother to forward gifts. The father was ordered to facilitate the children receiving these gifts and thanking the mother. The father was also granted liberty to arrange for B's attendance at Q Psychologists without the mother's consent. Directions regarding a continuing trial date were adjourned.