BUNSON & ABBEY

The case of Bunson & Abbey concerned parenting orders for four children. The dispute centred on the children's residence and the extent of each parent's involvement in their lives, particularly in light of the mother's non-compliance with previous court orders and her demonstrated limitations in parenting capacity. The court was required to determine the best interests of the children, considering their relationships with each parent, their views, and the capacity of each parent to meet their emotional and educational needs.

The court was tasked with determining where the children should live, who should hold parental responsibility, and the nature and extent of time the mother would spend with the children. Crucially, the court had to assess the impact of the mother's past conduct, including her failure to facilitate contact with the father and ensure school attendance, on her capacity to promote the children's welfare. The court also considered the children's alignment with each parent and their understanding of the consequences of losing a relationship with the father.

Cleary J found that the father had a greater capacity to meet the children's emotional and educational needs and that his willingness to ensure ongoing contact with the mother was evident. The court noted that the mother's inability to make the children available for contact with the father and to ensure their school attendance significantly limited her parenting capacity. Given these findings, the court ordered that the children live with the father and that he have sole parental responsibility. The mother was restrained from attending the children's school for a specified period, and a phased approach to her contact with the children was established, commencing with a period of no contact to allow for adjustment, followed by supervised time and then alternate weekends and half of school holidays. The father was ordered to advise the mother of long-term welfare decisions and genuinely consider her views.