CURTIN & CURTIN

The applicant mother sought final parenting orders in relation to the parties' children. The father did not participate in the trial. The court was presented with allegations of family violence perpetrated by the father against the children and the mother.

The central legal issues before the court were whether the father posed an unacceptable risk to the children, and consequently, what final parenting orders were in the best interests of the children. The court was required to determine the appropriate living arrangements for the children, the allocation of parental responsibility, and the extent of any future contact between the father and the children, considering the alleged family violence.

Thornton J found that the father presented an unacceptable risk of physically and psychologically abusing the children. Applying the paramount consideration of the children's best interests, the court made orders for the children to live with the mother and for the mother to have sole parental responsibility. The father's time with the children was reserved. The court further ordered that the mother be permitted to reside at an address undisclosed to the father, while allowing the father to send gifts and cards to the children. The court also ordered that the father pay the costs of the mother and the Independent Children’s Lawyer.