BANNISTER & MANCUSO

In the matter of *Bannister & Mancuso*, heard before Judge Obradovic, the court considered an application concerning the parenting arrangements for two children, [X] born in 2011 and [Y] born in 2013. The proceedings were undefended, and the central dispute revolved around the risk of harm to the children, leading to an application for an order that the children spend no time with the father.

The primary legal issue before the court was to determine whether it was in the best interests of the children to make orders for sole parental responsibility to the mother, for the children to live with the mother, and for the children to spend no time with the father, given the circumstances presented in the undefended hearing. This required the court to assess the evidence of risk of harm and its implications for the children's welfare and safety.

Judge Obradovic reasoned that the evidence presented, in the absence of any contrary submissions from the father, established a sufficient risk of harm to the children to warrant the orders sought. Applying the principles of the *Family Law Act 1975* (Cth) concerning the paramountcy of the child's best interests and the need to protect children from harm, the court concluded that it was necessary to make orders that would ensure the children's safety and well-being. Consequently, the court ordered that the mother have sole parental responsibility for the children, that the children live with the mother, and that the children spend no time with the father. All outstanding issues were removed from the list of cases awaiting finalisation.