AKOT & RAYAN

In this matter before Johnston J of the Family Court of Australia, the father sought orders for equal shared parental responsibility and unsupervised time with the two children. Conversely, the mother sought sole parental responsibility and no contact between the children and the father. The dispute arose in the context of a 2014 assault by the father upon the mother, which caused serious injury and was witnessed by the children. The father had not had contact with the children since this incident.

The court was required to determine whether the presumption of equal shared parental responsibility applied, and if not, what orders were in the best interests of the children regarding parental responsibility, living arrangements, and time spent with each parent. Additionally, the court considered the mother's application to relocate the children to Melbourne.

Johnston J found that the presumption of equal shared parental responsibility did not apply due to the father's conduct. The court determined that the father posed an unacceptable risk to the children, a conclusion informed by the prior assault and the children's witnessing of it. Applying the paramount consideration of the children's best interests, the court ordered that the mother have sole parental responsibility and that the children live with her. The father was restrained from spending time with or contacting the children, with a limited exception for sending cards and gifts on specific occasions. The mother was also permitted to relocate the children to Melbourne.