Baldridge & Baldridge

The case of *Baldridge & Baldridge* involved a dispute between a father seeking equal shared parental responsibility and substantial and significant time with his children, and a mother seeking sole parental responsibility and no contact between the children and their father. The mother alleged extensive family violence by the father during the marriage and contended that the prospect of contact would be detrimental to her health, thereby indirectly harming the children. The father argued that the children were experiencing social isolation and neglect in the mother's care. The matter was heard by Her Honour Judge C. E. Kirton QC in the Federal Circuit Court of Australia.

The court was required to determine whether the father posed an unacceptable risk of physical or psychological harm to the children, and to balance this risk against the benefit of a meaningful relationship with both parents, as mandated by section 60CA and section 60CC(2)(b) of the *Family Law Act 1975* (Cth). The court also had to consider the mother's mental and physical health, including her Multiple Sclerosis and possible Functional Neurological Disorder, and how these conditions impacted her parenting capacity and the children's well-being, including the phenomenon of parentification. The children's expressed wishes to see their father were also a significant factor.

Her Honour adopted a conservative approach, consistent with interim decision-making principles, and followed the legislative pathway outlined in *Goode v Goode*. The court considered the primary considerations under section 60CC(2) of the Act, giving greater weight to the benefit of a meaningful relationship with both parents. The court found that the father did not pose an unacceptable risk to the children, but conversely, the children were at risk of psychological harm and neglect in the mother's care. The court noted the children's expressed desire to see their father and the 17-month period of no contact.

Interim orders were made on 7 January 2021, which the court determined were in the best interests of the children. These orders included an incremental increase in time with the father, specifically time each Saturday from 10:00 am to 5:00 pm, with the paternal grandparents to be in substantial attendance. The matter was adjourned for an interim defended hearing and a final hearing, with directions for the filing of affidavits, outlines of case, and the appointment of an Independent Children's Lawyer. The paternal grandparents were ordered to file undertakings to ensure their attendance during the father's time with the children.