BANKS & SMYTHE

In this matter before Cleary J, the court considered an application concerning the living arrangements and communication of a child. The dispute arose between the mother and the father, with the mother seeking sole parental responsibility and the child to live with her, while the father sought to spend time with the child. The two older children in the family, now adults, resided with the father and communicated with the mother by direct arrangement. The subject child, however, lived with the mother and had not seen the father for three years, having no meaningful relationship with him.

The court was required to determine the best interests of the child, particularly in light of substantiated allegations of family violence perpetrated by the father. The father attributed this violence to his mental ill health, but the court found no reliable evidence that his mental health issues had been addressed. A key consideration was the need to protect the subject child from psychological harm.

Cleary J reasoned that the paramount consideration was the child's welfare and safety. Given the history of family violence, the lack of progress in addressing the father's mental health, and the need to protect the child from psychological harm, the court concluded that it was not in the child's best interests to spend time with the father. The court applied principles of family law concerning the best interests of the child and the protection of children from family violence.

Consequently, the court ordered that the mother have sole parental responsibility for the child, that the child live with the mother, and that the child spend no time with the father. Furthermore, the father was restrained from contacting the child, directly or indirectly, and from causing the child to attend his residence. The father was also ordered to notify the mother if the child contacted him or attended his residence. Leave was granted to the mother to provide relevant court orders and reports to professionals involved in the child's care and education.