BRIGHT & BRIGHT

In BRIGHT & BRIGHT, Austin J considered the parenting arrangements for two children, B (born 2006) and C (born 2011), where the parents resided in different states and each alleged the children were at risk of harm in the other's care. The dispute centred on the children's living arrangements and time spent with each parent, particularly in light of allegations of family violence.

The court was required to determine whether the presumption of equal shared parental responsibility applied, given the allegations of family violence. It also needed to decide with whom the children should live and the nature and extent of the time the children should spend with the father, considering the alleged risks of harm.

Austin J concluded that the father's volatile behaviour met the definition of "family violence" and that he showed little insight into the impact of his conduct on the mother, with evidence suggesting his psychological disturbance was not entirely resolved. Consequently, the presumption of equal shared parental responsibility was displaced. The court ordered that the mother have sole parental responsibility for the children and that the children live with her. Time with the father was to be initially supervised, commencing with monthly supervised visits in 2018, graduating to unsupervised visits of three days during each school holiday period from 2019. The orders also included provisions for communication between the father and children, and prohibitions against denigrating the other parent.