CANNON & WESTCOTT

In the matter of Cannon & Westcott, Carew J of the Family Court of Australia considered parenting orders concerning four children. The dispute involved the father, Mr Cannon, and the mother, Ms Wescott, with the children having experienced significant instability, including parental incarceration, exposure to domestic violence, and time in foster care. The father had been convicted of indecent treatment of a child under 16 and was assessed as posing an unacceptable risk of harm to the children, particularly the two female children, whom he was likely to have sexually abused.

The court was required to determine the best interests of the children in circumstances where the father presented a significant risk and the mother, despite past issues with drug and alcohol abuse, had demonstrated a period of stability. Key issues included assessing the current capacity of the mother to provide a safe and stable environment, the level of risk posed by the father, and the appropriate future living arrangements and parental responsibility for the children.

Carew J reasoned that the father’s conviction and the assessed risk of sexual abuse meant he was restrained from spending any time or communicating with the children. The court found that the mother, having been drug and alcohol free for over 12 months, secured employment, maintained stable accommodation, and kept the children in the same school, was currently providing an adequate level of parenting. However, the court noted the mother's ongoing vulnerability and the need for continued support services. The court also expressed concern about the burden on the older children and the mother's need for practical assistance.

Consequently, the court ordered that the children live with the mother and that she have sole parental responsibility. The father was permanently restrained from spending time with or communicating with the children, and also from initiating communication with the mother. The mother was ordered to engage with support services until at least March 2020 and to ensure the children continued their schooling. The court also made orders regarding the mother's home and the discharge of the independent children's lawyer. The court's notation highlighted that while the mother was currently providing adequate parenting, she remained vulnerable and required long-term monitoring.