COLDBECK & TANNER

In a parenting dispute before Judge Burchardt, the father sought for one of the four children to live with him in Queensland, while the mother and the independent children’s lawyer argued that all children should remain together with the mother in Victoria. The case involved significant difficulties presented by all four children, and the father's history of family violence and lack of insight into its effects, which had exposed the children to such violence both during and after the parents' relationship.

The court was required to determine whether the presumption of equal shared parental responsibility was rebutted, and consequently, what parenting orders would be in the best interests of the children. Key issues included the father's contact with the children, the potential curtailment of his time, and the overarching need to protect the children from further exposure to family violence and conflict.

Judge Burchardt found that the presumption of equal shared parental responsibility was clearly rebutted due to the father's history of family violence and its impact on the children. The court ordered that the mother have sole parental responsibility for all four children, and that the children live with the mother in Victoria. The child X was to spend time and communicate with the father according to her wishes, while the other three children (Y, Z, and W) were to spend time with the father twice a year in Victoria for limited periods, with changeovers facilitated by the paternal grandmother. The father was also permitted specific telephone communication with Y, Z, and W, with strict conditions regarding respectful communication and a prohibition on denigrating the mother or X. Injunctions were granted restraining the father from bringing the children into contact with Ms F and from removing them from Victoria, and both parties were restrained from denigrating each other, exposing the children to conflict, or discussing the proceedings with them. The mother was directed to engage the children in family therapy and follow recommendations, including individual counselling for some of the children.