BERRY & DURAND

In the matter of BERRY & DURAND, heard by Cleary J, the dispute concerned parenting orders for a child born in 2014. The child had resided with the mother her entire life and currently had no contact with the father. The father's lifestyle was characterised by periods of drug and alcohol abuse, and he admitted to perpetrating family violence. The child had also disclosed allegations of sexual assault by the father, which were investigated but unsubstantiated. The mother had been exposed to family violence and the court considered the need to protect the child from physical and psychological harm.

The court was required to determine the future living arrangements and communication between the child and the father, as well as the allocation of parental responsibility. Specifically, the court had to consider whether to continue existing orders or make new ones, taking into account the child's safety and well-being, the father's admitted history of violence and substance abuse, and the unsubstantiated but concerning allegations made by the child. The court also had to consider the father's non-participation in the proceedings.

Cleary J reasoned that the paramount consideration was the safety of the child, which took precedence over the benefits of fostering a relationship with the father. The court found that the father's uncontained behaviour when intoxicated and the possibility of sexual abuse in that context posed a significant risk. The father's erratic lifestyle, including his current attendance at a rehabilitation centre, and his admission of perpetrating family violence, further supported the need for protective measures. The court noted that the father had withdrawn from the proceedings the day before the scheduled trial, which proceeded as an undefended hearing.

Consequently, the court ordered that all prior parenting orders be discharged. The mother was granted sole parental responsibility for the child, and the child was ordered to live with the mother. Crucially, the court ordered that the child shall not spend time nor communicate with the father, reflecting the court's assessment of the risks to the child's safety and well-being.