DENYAN & BEATTIE

In the matter of *Denyan & Beattie*, Austin J of the Family Court of Australia considered parenting orders concerning a child born in April 2009. The dispute involved cross-allegations of family violence between the parents, with the child exhibiting an inconsistent relationship with the father, characterised by periods of warmth and fear. The mother was the child's primary carer and expressed an unwillingness to facilitate a close relationship with the father, imposing conditions on their contact.

The court was required to determine issues of parental responsibility, the child's living arrangements, the nature and extent of the child's time with and communication with the father, and the child's surname. Specifically, the court had to assess the risk of harm to the child arising from family violence and the father's alleged alcohol consumption, and whether the mother's opposition to contact was reasonable in light of the child's best interests.

Austin J found that the father did not pose a risk of physical abuse to the child and that there was no need to protect the child from harm arising from family violence. The court determined that removing the child from the mother, with whom the child had lived since birth, would be emotionally injurious. Consequently, the mother was granted sole parental responsibility and the child was ordered to live with her. To re-establish the child's relationship with the father, a staged program of supervised time was ordered, with the paternal grandmother as the initial supervisor, and telephone communication was also facilitated. The court also ordered that the child's surname be changed to reflect both maternal and paternal origins, balancing the parental conflict.

The court discharged all former parenting orders and made detailed orders regarding the child's time with the father, including specific schedules and holiday arrangements, with provisions for supervised contact initially. Further orders addressed communication, alcohol consumption by the father during contact periods, prohibitions against denigration, and the registration of the child's surname. The court also made provisions for the exchange of information regarding the child's welfare and education, and mandated the mother's participation in a post-separation parenting program. Orders were also made to notify relevant authorities of inconsistencies with an existing apprehended violence order, and costs were reserved.