Baddock and Baddock

This case concerned parenting orders for two children, [X] and [Y], born in 2006 and 2007 respectively. The dispute involved the father and mother, with the court required to determine the future living arrangements and parental responsibility for the children. The proceedings were before Judge Terry.

The court was tasked with determining several key legal issues. These included the weight to be given to the children's views regarding contact with their father, the impact of family violence on the children and the mother, the father's parenting capacity, and the father's deliberate cessation of spending time with the children. The court also had to consider the likely effect of any changes to the children's circumstances and the practical difficulties and expenses associated with spending time with each parent.

Judge Terry's reasoning was heavily influenced by findings of family violence committed by the father, both during and after the relationship. The court was satisfied that the mother felt intimidated and frightened by the father, whose behaviour towards her had been ongoing for over 10 years. The father's denigration of the mother, even in the children's hearing, was found to be particularly concerning and a poor role model, likely causing anxiety for the children. While the children had initially expressed a desire to see their father, this view was discounted due to the father's subsequent decision to cease contact and his admission of a poor current relationship with [X]. The court found the mother to have a very good capacity to provide for the children's needs, with no significant concerns regarding her parenting. Conversely, considerable concerns were raised about the father's parenting capacity, including his mental health history, although specific findings on this were limited by a lack of evidence.

The court ordered that all previous orders relating to the children be discharged. The children were to live with the mother, who was to have sole parental responsibility, subject to specific conditions. These conditions included ensuring the children use the surname "Baddock," providing the father with notice of relocation, and notifying him of major long-term decisions and any accidents or medical emergencies involving the children. Supervised time with the father was ordered on alternate months, with specific conditions regarding notice and supervision to prevent criticism or abuse of the mother. The father was also restrained from attending the children's school or extracurricular activities.