ZAMMIT & ZAMMIT

The case of *ZAMMIT & ZAMMIT* concerned a dispute between parents regarding final parenting arrangements for their two children. The primary disagreement centred on the proportion of time the children would spend living with each parent during school terms, with both parents seeking a 9/14 day arrangement. The court was also presented with extensive professional reports and interviews with the children, who exhibited rejecting behaviour towards the father and an over-enmeshed relationship with the mother.

The court was required to determine the most appropriate final parenting orders, considering the children's views, their well-being, and the mother's behaviour, which was found to be detrimental and emotionally abusive in failing to support the children's relationship with their father. The court also had to address the children's distress and feelings of being disempowered due to their involvement in protracted litigation and the lack of clear communication regarding court proceedings and orders. Furthermore, the court considered Australia's obligations under the United Nations Convention on the Rights of the Child and the need for adequate post-order support.

In its reasoning, the court acknowledged the children's distress and the family consultant's concerns about the ongoing litigation being abusive. The court applied principles relating to the paramountcy of the children's welfare and the importance of considering their views, noting that these views could have been better handled. The court also highlighted the need for training for Independent Children's Lawyers on according children respect commensurate with their age and maturity. The court's final orders, made by consent in part, established equal shared parental responsibility and detailed a specific schedule for the children's living arrangements during school terms and holidays, including provisions for birthdays and religious festivals. The orders also included measures to facilitate communication, participation in extracurricular activities, and parental involvement, while restraining denigration and physical discipline. The court reserved liberty to relist parenting applications within 24 months and dismissed all extant parenting applications.