Thornhill and Maurice

This case involved a dispute between the parties, Thornhill and Maurice, concerning parenting orders for their two children. The matter was heard by Judge Howard.

The court was required to determine the paramount consideration of the children's best interests, as mandated by section 60CA of the relevant legislation. This involved considering the primary considerations outlined in section 60CC(2), namely the benefit of a meaningful relationship with both parents and the need to protect the children from harm. Specifically, the court had to assess the impact of parental disagreements regarding the children's religious education and schooling on their psychological well-being.

Judge Howard found that the children had a secure and loving attachment to both parents and that there was no risk of physical harm. However, the court noted evidence of stress and anxiety in one child, X, stemming from the ongoing dispute over religious education and attendance at a religious school. The father's engagement with X on these matters, including discussions about atheism and science, was identified as a contributing factor to X's distress and feeling of isolation from his classmates. The court accepted the family report writer's assessment that the children have a close and loving relationship with both parents, but also noted the father's lack of insight into the impact of his conduct. The court concluded that the children's best interests were served by the mother remaining the primary carer and that it was not in their best interests to make an order requiring the mother to relocate the children.

The court ordered that each party was to provide a proposed Final Order to the other by 10 January 2020, and that they should attempt to reach an agreed position by 17 January 2020. If an agreement could not be reached, the matter would be listed for mention, with both parties and their legal representatives to attend. The court's decision was that the children should live primarily with the mother on the Region A and spend time with the father on alternate weekends, with a provision for increased time if the father moved to the Region A.