BENTON & FFRENCH

In this matter before Hogan J, the dispute concerned parenting orders for two children, K and S. At the time of trial, the daughter, K, was living with the mother and the son, S, was living with the father. Allegations of sexual abuse against the father concerning the daughter and physical abuse against the father concerning the son were raised.

The court was required to determine with whom the children should live and the extent of parental responsibility, considering the presumption of equal shared parental responsibility did not apply. The court also had to consider the best interests of the children in light of the allegations and the existing living arrangements.

Hogan J ordered that both children, K and S, live with the father. The father was granted sole parental responsibility for all major long-term issues relating to the children, with a requirement to consult with the mother on such decisions. The children were ordered to spend time with the mother at specified times, including weekdays, alternate Sundays, birthdays, and Christmas. The orders also included provisions for the facilitation of these contact times, injunctions restraining certain behaviours, and detailed requirements for communication and information sharing between the parents regarding the children's welfare and education.