BAINES & BAINES

In the matter of *Baines & Baines*, heard by Judge Middleton, the dispute concerned the parenting arrangements for two children. The mother alleged that the father had engaged in serious acts of family violence on an ongoing basis and had involved the children in the parental dispute, causing them harm. Conversely, the mother was accused of adopting controlling and coercive measures that also caused the children harm. The proceedings sought to determine with which parent the children should primarily live and what, if any, time they should spend with the non-resident parent.

The court was required to determine whether the mother's alleged controlling and coercive behaviour had caused harm to the children, and whether the father's alleged serious acts of family violence and involvement of the children in the parental dispute had also caused them harm. Central to the determination was the question of the children's primary residence and the extent of contact with the non-resident parent.

Judge Middleton found that the mother had adopted controlling and coercive measures that caused harm to the children, and that the father had committed serious acts of family violence on an ongoing basis and involved the children in the parental dispute, thereby causing them harm. Consequently, the court ordered that the mother have sole parental responsibility for the children and that they live with her. The children were to spend no time with their father, but were at liberty to communicate with him in writing. The father was permitted to communicate with the children in writing no more than once each week, with such correspondence to be forwarded to the mother for perusal before being shared with the children, provided the mother did not unreasonably deny access. The mother was also ordered to continue the children's psychological treatment and to provide the father with copies of school reports and achievements, as well as photographs of the children periodically. The father was also permitted to provide the children with a photograph of himself.