Danvers & Rebas

In *Danvers & Rebas*, heard by Judge McNab, the court considered parenting orders concerning a child born in 2012. The dispute involved applications for sole parental responsibility for the mother and for the father to have supervised time with the child. The proceedings were complex, stemming from allegations of controlling behaviour by the father, including isolating the mother and taking the child from school without consent. The father denied these allegations and expressed concerns about the mother's parenting.

The primary legal issues before the court were whether the mother should have sole parental responsibility for the child and what arrangements, if any, should be made for the father to spend time with the child, always with the paramount consideration being the best interests of the child. The court also considered whether the father's time with the child should be contingent on him attending psychological treatment, a proposal that was ultimately not made.

The court's reasoning focused on the father's entrenched and rigid thinking, which the family consultant assessed as undermining the child's capacity to form her own views and relationships. Despite previous orders for counselling, the father's behaviour had not significantly modified. The court found that while therapy might assist the father, his deeply held views made significant behavioural change unlikely in the short to medium term. Consequently, the court determined that extended periods of time with the father, whether supervised or unsupervised, were not appropriate at that time.

The court ordered that the mother have sole parental responsibility for the child, with the child to live with the mother. The father was granted limited supervised time with the child, occurring on every third Saturday or Sunday between 9.00 am and 5.00 pm, with changeovers at a police station. Further orders addressed communication between the father and child, the mother's responsibility for health and education decisions, and information sharing. The court also imposed significant restraints on both parents, including prohibitions against denigrating the other parent in the child's presence and discussing parenting disputes with the child. The child was also ordered to attend counselling to assist with the separation.