ELLERSHAW & SURVANT

The Family Court of Australia considered parenting proceedings between Ms Ellershaw (the Mother) and Mr Survant (the Father) concerning their child, S Allen. The Mother had filed a Notice of Discontinuance for her applications, and the Father sought final parenting and injunctive orders. The child had been living with the Father since consent orders were made in October 2009, with subsequent variations in April 2012 that maintained the child's residence with the Father and his sole parental responsibility.

The court was required to determine whether the presumption of equal shared parental responsibility should be rebutted in favour of the Father having sole parental responsibility, and to make final orders regarding the child's residence and time spent with each parent. Additionally, the court needed to consider the Father's application for injunctive relief against the Mother, particularly in light of her repeated reports to various agencies and her alleged pattern of harassment. The court also had to address the child's expressed views and the need to protect her from psychological harm.

Justice Kent found that the presumption of equal shared parental responsibility was rebutted due to the significant animosity and conflict between the parents, which was detrimental to the child's best interests. The court noted the Mother's persistent attempts to manipulate and undermine the Father, and the risk of psychological harm to the child. The child's clear expressed views of wanting to live with the Father and not spend time with or communicate with the Mother were significant factors. The court also found that the Mother's conduct, including unwarranted reports to agencies, constituted harassment and disruption to the child's stability.

The court ordered that the Father have sole parental responsibility for the child, and that the child live with the Father. The Mother was restrained from knowing the child's residential address and from entering the town and its environs where the child and Father lived or frequented. Furthermore, the Mother was restrained from contacting various agencies, including police, welfare agencies, and the child's school, without the Father's written consent or court permission. The child was permitted to initiate communication with the Mother via telephone, but the Mother was prohibited from initiating any communication with the child. The child's surname was ordered to be changed to Survant, and the Father was to be recorded on the child's birth certificate. The court also ordered that the Mother's relevant conduct be brought to the attention of the appropriate authorities regarding alleged breaches of section 121 of the Family Law Act 1975.