Cole & Rudzik

This case concerns a dispute between the father, the mother, and their two children regarding parenting arrangements. The father and mother separated in 2018, and the children, aged nine and four, have not spent any time with the father since 2019 and have no relationship with him. The father has a history of aggressive criminal conduct and has been diagnosed with Autism Spectrum Disorder, which affects his ability to self-regulate his behaviour and emotions. The father has also historically challenged the authority of police and breached orders restraining his behaviour, and several serious incidents have occurred involving him since the release of a single expert’s report.

The court was required to decide the best interests of the children in relation to their living arrangements and contact with the father. The court considered the primary considerations under the Family Law Act, including the benefit to the children of having a meaningful relationship with both parents and the need to protect them from harm. The court also considered the evidence presented by the parties, including the father’s extensive criminal history, his diagnosis of Autism Spectrum Disorder, and the mother’s allegations of his conduct posing a risk of harm to the children.

The court found that the father presents an unacceptable risk to the children that cannot be sufficiently ameliorated. The court accepted that the father disputes events as alleged by the mother or as recorded in police material if he is unable to recall them, and the court approached the father’s evidence with some caution. The court found that the father was not an impressive witness and was evasive, sarcastic, and rude during cross-examination.

The court found that it is in the children’s best interests to make the orders as sought by the mother and the Independent Children’s Lawyer that the children spend no time with the father. The court made orders for the children to live with the mother and spend no time with the father. The court also made orders for the father to send the children cards and gifts on limited occasions and for the mother to be restrained from denigrating the father to or in the presence of the children.

The court found that the father’s criminal history, his diagnosis of Autism Spectrum Disorder, and his inability to self-regulate his behaviour and emotions in heightened situations present an unacceptable risk to the children. The court found that the father’s conduct since the release of the single expert’s report further supports this finding. The court found that the mother’s allegations of the father’s conduct posing a risk of harm to the children are credible and that the father’s disputes of these allegations are not sufficient to rebut them. The court found that it is in the children’s best interests to protect them from the father’s unacceptable risk of harm.