Enslow & Dowell

In this matter before Foster J of the Family Court of Australia, the applicant father, Mr Enslow, sought orders that the children live with him and have no time with the respondent mother, Ms Dowell. The proceedings concerned contested interim parenting arrangements for the three children of the relationship. The Independent Children’s Lawyer (ICL) supported supervised time for the father.

The court was required to determine the most appropriate interim parenting arrangements for the children, considering allegations of family violence perpetrated by the father, including an assault on one of the children and breaches of an apprehended domestic violence order (ADVO). The legal issues also encompassed the father's conviction for malicious damage, his lack of emotional regulation, and the impact of his conduct on the children and the mother, particularly in light of the presumption of equal shared parental responsibility being displaced.

Foster J reasoned that the father's proposed orders demonstrated a lack of insight into the consequences of his behaviour. The court found that the father's lack of emotional regulation and history of domestic violence towards the mother and children were significant concerns. While acknowledging the child X's expressed wish for a relationship with her father, the court afforded this wish little weight given the child's ongoing anxiety stemming from the father's conduct. The court applied the principles from *Goode & Goode* [2006] FamCA 1346 regarding interim parenting orders, noting that the need to protect the children was the primary issue. The court concluded that orders for the children to live with the mother and have supervised time with the father were in the best interests of the children.

Consequently, the court ordered that the children live with the mother and spend supervised time with the father, with the father responsible for the costs of supervision. The court also made orders requiring both parents to be courteous and respectful to each other and to refrain from denigrating one another in the presence of the children. The ICL was granted leave to relist the proceedings on short notice if necessary, and all other outstanding interim applications were dismissed.