Dixon and Barnes & Ors

This case, heard in the Family Court of Australia, concerned parenting orders for two children, D and C. The primary dispute involved allegations of sexual abuse, which had been substantiated by child protection authorities, although no formal finding of sexual abuse was made by the court. The case also addressed issues of serious family violence, and the interventions of the maternal grandmother and one of the paternal grandmothers. The court was required to determine with whom the children should live, considering the best interests of both D and C.

The court was tasked with determining the living arrangements for D and C, assessing whether it was in their best interests to live with the maternal grandmother or the mother. Central to this determination were the prior allegations of sexual abuse and the presence of family violence. The court also had to consider the Family Law Act 1975, particularly sections relating to the best interests of the child, including factors such as the child's right to know and spend time with both parents, and the need to protect the child from harm.

In its reasoning, the court found that it was not in the best interests of the children to live with the maternal grandmother, nor was it in their best interests to live with the mother. Consequently, the court made orders discharging previous parenting orders. For child D, the father was granted sole parental responsibility for major long-term issues, with specific notification requirements to the mother. D was ordered to live with the father in Sydney, with detailed provisions for time with and communication with the mother and maternal grandmother. For child C, the paternal grandmother and the father were granted equal shared parental responsibility for major long-term issues, with C ordered to live with the paternal grandmother, and the father at liberty to reside there. Provisions were also made for C's time with and communication with the mother and maternal grandmother. The orders included specific restraints on the parties regarding domestic violence, inappropriate sexual behaviour, substance use, denigration of other parties, and discussions of court proceedings with the children.