COLLINS & RICARDO

In the matter of *Collins & Ricardo*, heard by Carew J, the dispute concerned final orders relating to a child. Previous final orders had stipulated that the child live with the mother and have supervised recognition time with the father, having established that the father posed an unacceptable risk of harm to the child.

The court was required to determine whether the father no longer posed an unacceptable risk of harm to the child, given the absence of evidence to that effect. Further issues included the ongoing high degree of conflict between the parties, the father's lack of contact with the child since March 2015, the absence of a relationship between the father and child, the child's close relationship with the mother, and the likelihood of continued conflict if any communication between the child and father were permitted. The court also considered several outstanding applications and whether they had any utility.

Carew J reasoned that the failure of evidence to establish that the father no longer posed an unacceptable risk of harm, coupled with the significant conflict and lack of relationship, warranted a variation of the previous orders. The court applied principles of child welfare and the need to protect the child from harm and ongoing conflict. The court found that the father had frequently conducted vexatious proceedings and made an order prohibiting him from instituting further proceedings under the *Family Law Act 1975* (Cth) pursuant to s 102QB(2).

The court ordered that the previous final orders be discharged, save for those granting the mother sole parental responsibility and stipulating the child live with the mother. The father was ordered to spend no time with and have no communication with the child. All outstanding applications filed by both parties were dismissed, and a vexatious proceedings order was made against the father.