Aggarwal & Aggarwal

This case concerned an application by the father for the urgent reinstatement of parenting time with the child, X. The mother had unilaterally suspended the father's time with X. The dispute arose in the context of significant family violence perpetrated by the father against the mother, including allegations of physical and sexual assault during the marriage, for which the father had pleaded guilty to unlawful assault. A final family violence order protecting the mother and child against the father had been extended for three years.

The court was required to determine whether the father posed an unacceptable risk of harm to the child, pending a final hearing. Key issues included the father's denial of family violence allegations, his tendency to blame the mother, his attitude of male dominance, his lack of insight into his behaviour, and cultural barriers to addressing family violence. The court also had to consider the best interests of the child, applying the factors set out in section 60CC of the *Family Law Act 1975* (Cth), with a statutory duty to give greater weight to the child’s right to safety.

Her Honour Judge C. E. Kirton QC applied a conservative approach, consistent with the best interests of the child and the principles for interim matters. The court considered the primary considerations in s.60CC(2), giving greater weight to the child’s right to safety, and also considered the additional considerations in s.60CC(3). The court noted the father's failure to attend therapy as recommended by a family report, and a material omission by his legal representative in failing to disclose certain information to the court. The presumption of equal shared parental responsibility did not apply due to reasonable grounds to believe the father had engaged in family violence.

The court ordered that the father's daytime spend time arrangements be suspended until further order. The father's application in a case and the mother's response were dismissed. An Independent Children's Lawyer was appointed to represent the child X, and Victoria Legal Aid was requested to arrange such representation. The court also noted provisions regarding unrepresented parties in proceedings involving family violence.