Allcroft and Allcroft

In *Allcroft and Allcroft*, heard before Judge Terry, the dispute concerned parental responsibility and time arrangements for two children, X and Y. The mother sought sole parental responsibility and for the children to live with her, while the father sought to spend time with the children.

The court was required to determine the best interests of the children, specifically considering the benefit of a meaningful relationship with both parents and the need to protect the children from harm, including abuse, neglect, or family violence. The court also had to consider additional factors, such as the views of the children and the father's alleged family violence towards the mother.

Judge Terry reasoned that while the children had a meaningful relationship with their mother, their current limited contact with the father would not foster a significant relationship with him. The court acknowledged the benefit of the children having a relationship with their father, noting his love for them and their positive reactions to him. However, the court also considered that extensive unsupervised time could be detrimental if the father's parenting capacity was deficient or put the children at risk. The court found that the mother posed no risk of abuse or neglect, but some of the father's behaviour towards the mother since separation, including verbal abuse and intimidation, constituted family violence, posing a risk of exposure to the children. The children expressed nervousness about spending time with the father, with one child becoming less keen on overnight stays.

The court ordered that the mother have sole parental responsibility and that the children live with her. The father was granted supervised time with the children, with specific conditions including drug testing and completion of parenting courses. The father was also subject to injunctions restraining him from entering the mother's home or loitering nearby, and from removing the children from school or other care arrangements without authorisation. The mother was permitted to obtain passports for the children and travel internationally with them, provided she gave the father 14 days' written notice.