Weiss & Arnold

In the matter of *Weiss & Arnold*, heard by Murphy J, the dispute concerned parenting orders for a child, Z. The mother sought orders that Z live with her, that she have sole parental responsibility for major long-term issues, and that there be no communication or time between Z and the father. Conversely, the father sought orders that Z live with him. The proceedings were marked by concerns regarding the psychological and emotional harm Z might suffer from the father's influences and explicit criticisms of the mother, despite Z expressing a desire to spend time with the father.

The court was required to determine whether a meaningful relationship with the father would be of benefit to Z, given the circumstances. Additionally, the court considered the role of single expert witnesses, noting that statements exceeding an expert's scope, language, or intent are problematic, and that the trial judge retains the responsibility for making factual determinations and assigning weight to opinion evidence.

Murphy J reasoned that, in light of the concerns raised, Z should spend no face-to-face time with the father. The mother was granted liberty to review the content of any written communications from the father. The court ordered that Z live with the mother and that the mother have sole parental responsibility for major long-term issues. The father was restrained from applying for parenting orders without leave until 1 August 2013, with specific procedural requirements for any such application. From 1 August 2013, Z and the father were to be at liberty to spend time and communicate as they might agree. The court also made detailed provisions regarding the facilitation and review of written communications between Z and the father until that date, and the eventual handover of any retained communications. The independent children's lawyer was tasked with explaining the orders to Z.