ALLSOPP & DENNERLEY

This case concerns parenting orders made by Judge Terry in the Federal Circuit and Family Court of Australia. The dispute involved the father and mother of two children, X (born 2012) and Y (born 2016), regarding the arrangements for their care and time spent with each parent.

The court was required to determine the primary considerations under the *Family Law Act 1975* (Cth), specifically the benefit to the children of having a meaningful relationship with both parents, and the need to protect the children from harm. The court also had to consider the mother's admitted history of harsh discipline and criticism of the children, as well as allegations of threats made by the mother towards the children.

In reaching its decision, the court applied the paramount consideration of the children's best interests. It acknowledged the importance of a meaningful relationship with both parents, noting that the children loved both and would benefit from such a relationship. However, the court found that the need to protect the children from harm took primacy. The court accepted the father's concerns regarding the mother's past behaviour, including hitting the children too hard, criticising and belittling them, and the mother's admission to harsh discipline. While not finding that the mother had slapped X across the face, the court accepted that harsh discipline and criticism had occurred. The court also considered the father's evidence regarding the mother's alleged threats to kill the children, which, while not leading to a finding of catastrophic risk, indicated a concern for the children's psychological well-being.

The court ordered that the father have sole parental responsibility for the children and that the children live with him. Specific arrangements were made for the children to spend time with the mother, including a two-week cycle, with provisions for birthdays and Christmas. The orders also included stipulations regarding digital communication, the mother's consumption of illicit substances and alcohol, and restrictions on the mother leaving the children in the sole care of the maternal grandmother or allowing them to be in contact with her when intoxicated. Further orders prohibited the denigration of either parent and restricted discussion of the proceedings with the children.