Batala & Jenner

In the matter of *Batala & Jenner*, heard by Terry J, the dispute concerned the future arrangements for a child, X, born in 2015. The applicant, Mr Batala, and the respondent, Ms Jenner, were the child's parents. The court was required to make orders regarding the child's surname, parental responsibility, and the nature and extent of the child's time with each parent.

The court was tasked with determining several key legal issues. These included whether the child's surname should be changed to include the father's name, the allocation of sole parental responsibility, and the arrangements for the child to spend time with the father. Crucially, the court had to consider the paramount consideration of the child's best interests, specifically the benefit of a meaningful relationship with both parents and the need to protect the child from harm. The court also had to assess the impact of the parents' past relationship difficulties and the child's expressed views and behaviours towards the father.

In reaching its decision, the court applied the principles of the *Family Law Act 1975* (Cth), particularly focusing on the child's right to a meaningful relationship with both parents and the need for protection from harm. Terry J found that while the parents' relationship was short and unhappy, and there were allegations of violence and control, there was no evidence that the child would be at risk of harm in the father's care. The court emphasised the significant benefit to the child of maintaining a connection with both parents, especially given their different cultural backgrounds. The court acknowledged the child's expressed distress and resistance towards spending time with the father, as noted in the family report, and therefore ordered a phased approach to reintroducing the father into the child's life, commencing with therapy and supervised contact.

The court made detailed orders, including that the child be known as X Batala, with the mother authorised to apply to change the surname to X Batala-Jenner. The mother was granted sole parental responsibility, with specific provisions for the father to be informed of major long-term decisions and to liaise with the child's school and health professionals. The orders also mandated therapy to facilitate a relationship between the child and father, with the father to bear the costs. Supervised time with the father was to commence after three months of therapy, with provisions for telephone and video communication thereafter, subject to the successful progression of supervised visits. The court also included an injunction restraining both parents from denigrating the other parent in the child's presence.