Harris & Coates 2014 FamCA 79

Parents of children aged 10, 8 and 6 years had been involved in ongoing intractable conflict.  The children had development and psychological/emotional problems and the parents disputed the reasons for this (child’s behaviour).  One child had seen a psychologist.

The judge found that all three children had been involved in the ongoing parental conflict, and neither parent had shown a capacity to protect the children from the conflict.  The father wanted to pass on a letter written by the 10 year old to the judge, but the judge declined to accept the letter expressing the child’s wishes.

The judge made interim orders restraining both parents from discussing proceedings both with the children and in the presence of the children (adult topics).