WHITLOW & CRANE

In the Family Court of Australia, Judge Newbrun presided over proceedings concerning parenting orders for three children, X, Y, and Z, born in 2003, 2005, and 2006 respectively. The dispute involved the father and the mother, with the Independent Children's Lawyer also participating. The mother and the Independent Children's Lawyer sought final orders for the mother to have sole parental responsibility, that the children live with her, and that they spend no time with the father. The father's position evolved, initially seeking sole parental responsibility for the mother and supervised time with himself, and later seeking interim orders for sole parental responsibility for the mother, the children to live with her, and a limited period of supervised contact at a contact centre.

The central legal issue before the court was to determine the best interests of the children, X, Y, and Z, in accordance with section 60CC of the *Family Law Act 1975* (Cth). This required the court to consider various factors, including the need to protect the children from physical or psychological harm, the children's relationship with each of their parents, the likely effect of any changes in the children's circumstances, and the capacity of each parent to provide for the children's needs. The court also had to consider the specific circumstances of the children, who suffer from various disabilities including autism spectrum disorder, intellectual disability, memory disorder, anxiety, and developmental delay.

Judge Newbrun's reasoning focused on the paramount consideration of the children's best interests. The court noted the father's limited involvement in the children's day-to-day lives during the relationship and the significant impact of the mother's assault by the father on 8 October 2016. Given the children's vulnerabilities and the evidence presented, including affidavits from the mother and lay witnesses, and the Family Report, the court determined that it was not in the children's best interests to spend any time with the father. The court found that the mother was best placed to provide the necessary care and support for the children.

Consequently, the court made final orders granting the mother sole parental responsibility for the children X, Y, and Z. The orders further stipulated that the children were to spend no time with the father.