Valentino and Anor and Valentino

This case involved parenting orders concerning a 15-year-old child, [X], born in 2003. The dispute concerned the extent of choice to be afforded to [X] regarding her living arrangements and the weight to be given to her views. The matter was heard by Judge Altobelli.

The court was required to determine the extent to which a 15-year-old child's wishes should dictate her living arrangements and the weight to be given to those wishes in parenting proceedings. The court also had to consider how to balance the child's autonomy with the responsibilities of her parents and paternal grandmother.

The court's reasoning led to orders that discharged previous arrangements and established equal shared parental responsibility for long-term decisions. Crucially, the court ordered that [X] would live with the Mother, Father, or Paternal Grandmother in accordance with her wishes. Decisions regarding day-to-day care were to be made by the party with whom [X] was residing at the time. The court also made detailed provisions for spending time, communication, schooling, medical treatment, and therapeutic engagement, all designed to facilitate [X]'s wishes while ensuring her welfare and development. Injunctions were also imposed on the parties regarding various behaviours, including substance use, conflict, and discussing sensitive matters with [X].