Starcevic and Tomasi

In the Family Court of Australia, Ms Tomasi (the applicant mother) and Mr Starcevic (the respondent father) were involved in proceedings concerning their two children. The primary dispute revolved around the nature and extent of the father's communication with the children, particularly in light of significant conflict between the parents and the specific needs of one child, C, who suffers from Landau-Kleffner syndrome and other serious health and learning disabilities. While it was agreed that the children would live with the mother and that she would have sole parental responsibility, the father sought to participate in major decisions regarding the children's welfare.

The court was required to determine the best interests of the children, specifically whether the father should have input into major decisions concerning their welfare, and to make final orders regarding parental responsibility, living arrangements, and the father's communication with the children. The court also had to consider the impact of the parents' high level of conflict on any proposed arrangements and the specific medical and developmental needs of C. The Independent Children's Lawyer and the mother proposed a limited role for the father, focusing on information sharing regarding serious medical emergencies and facilitating communication via email and telephone, while the father sought broader involvement in decision-making and access to information.

Stevenson J applied the principles of the *Family Law Act 1975* (Cth), particularly section 60CC, to determine the children's best interests. The court acknowledged the father's genuine wish to participate in major decisions but found that, given the extreme level of conflict between the parents, any order for shared parental responsibility would likely lead to further conflict. Consequently, the court ordered that the mother have sole parental responsibility. The court also made detailed orders regarding the father's right to receive information about the children's health, education, and extracurricular activities, and to communicate with them via email and telephone, while restraining him from direct contact except as specified. The court also made provisions for the father to send gifts to the children.

The court ordered that all previous orders be discharged and that the mother have sole parental responsibility for the children, with the children living with her. The father was authorised to obtain information from schools and health professionals and to communicate with the children via email and telephone. The mother was ordered to keep the father informed of the children's addresses, contact details, and significant medical information. The father was restrained from contacting the children except as provided for in the orders, and was permitted to post birthday and Christmas gifts. The orders also included particulars of obligations and consequences of contravention, as set out in an attached Fact Sheet.