Daban and Jeffby

In *Daban & Jeffby* [2013] FamCA 266, the Family Court of Australia considered an application by the mother, Ms D Daban, for interim parenting orders concerning her daughter, R. The father, Mr Jeffby, did not appear in court. The dispute centred on the mother's concerns for the child's welfare and safety, particularly in light of the father's alleged drug use, violent behaviour, and breaches of apprehended domestic violence orders.

The court was required to determine whether the presumption of equal shared parental responsibility under section 61DA(1) of the *Family Law Act 1975* (Cth) applied, and if not, what interim parenting orders were in the best interests of the child under section 60CC of the Act. Specifically, the court had to consider the need to protect the child from harm, the benefit of a meaningful relationship with both parents, and various other factors including the child's views, the nature of the relationships with each parent, and each parent's capacity to provide for the child's needs.

Justice Aldridge found that the presumption of equal shared parental responsibility did not apply, as there were reasonable grounds to believe the father had engaged in family violence and abuse of the child, evidenced by his behaviour, drug use, exposure of the child to pornography, and repeated breaches of apprehended domestic violence orders. Applying section 60CC, the court determined that the child's need for protection from harm outweighed the benefit of a meaningful relationship with the father at that time. The court noted the father's chaotic and violent lifestyle, his failure to maintain the child, and the distress the child experienced due to the conflict between her parents.

Consequently, the court ordered that the mother have sole parental responsibility for the child, that the child live with the mother, and that the child spend no time with the father. Further orders were made to prevent contact between the child and certain paternal relatives, for the child to attend counselling, and for an Independent Children's Lawyer to be appointed. The matter was listed for a callover for directions or to fix a date for an undefended hearing.