Bradley & Bradley

In the matter of *Bradley & Bradley*, Benjamin J of the Family Court of Australia considered proceedings between the mother, Ms Bradley, and the father, Mr Bradley, concerning the welfare and living arrangements of their two children, R and T. The proceedings involved an intervention by the NSW Department of Community Services, indicating serious concerns regarding the children's safety.

The court was required to determine whether the presumption of equal shared parental responsibility applied, given allegations of abuse, and if not, what parenting orders would be in the best interests of the children. A further issue was whether the father's time with the children should be supervised, and if so, the nature of that supervision, as well as whether the mother should be permitted to relocate the children to Sweden.

Benjamin J found that the presumption of equal shared parental responsibility did not apply due to the alleged abuse and that it was not in the children's best interests. The court reasoned that the father posed an unacceptable risk of harm to the children, necessitating significant restrictions on his contact. Consequently, the mother was granted sole parental responsibility. The court also ordered that the father's time with the children be supervised, initially by specified family members or approved individuals, with undertakings from supervisors not to leave the children unattended with the father.

The court made extensive orders, including discharging previous parenting orders, granting the mother sole parental responsibility, and permitting her to relocate the children to Sweden. The father was granted supervised time with the children both before the relocation and annually thereafter, with provisions for communication and financial contributions towards travel costs. The mother was also ordered to arrange protective behaviours counselling for R upon arrival in Sweden and to facilitate communication between the children and the father, subject to monitoring by a counsellor.