Wiggs and Piercy (No.3)

In *Wiggs and Piercy (No.3)*, Judge Terry considered an application concerning the parental responsibility and living arrangements for a child, [X], born in 2012. The dispute centred on the child's welfare and the extent of contact permissible between the child and the mother.

The court was required to determine the primary considerations under section 60CC(3) of the *Family Law Act 1975*, specifically focusing on the views expressed by the child, [X], and the weight to be given to those views considering her maturity and level of understanding. The court also needed to assess the nature of the child's relationship with each parent and any other significant persons in her life.

Judge Terry's reasoning was heavily influenced by the consistent views expressed by [X] to both a psychologist, Ms F, and the family report writer. [X] repeatedly stated her desire to live with her father and expressed fear of her mother, indicating a belief that she would not be returned if she saw her. These views were considered in light of [X]'s apparent happiness and security in her father's care since January 2019. While acknowledging that a seven-year-old's views do not determine the matter, the court found them to be consistent with the child's needs and attachments. The mother's assertion of a good relationship and a desire for contact was contrasted with evidence suggesting the child's fear of her.

The court ordered that the father have sole parental responsibility for [X], that [X] live with the father, and that [X] spend no time with the mother. The mother was significantly restrained from any form of contact or communication with [X], with limited exceptions for forwarding letters, cards, and gifts on four occasions annually, subject to the father's inspection and discretion. The father was authorised to apply for and retain an Australian Passport for [X] without the mother's consent and was at liberty to travel internationally with [X] notwithstanding the mother's lack of consent.