GAINES & TEBBS

In the matter of GAINES & TEBBS, Judge Terry considered the parental responsibilities and living arrangements for two children, X (born 2014) and Y (born 2013). The dispute centred on the father's contact with the children, which had been significantly curtailed due to past family violence orders and the father's behaviour. The mother sought orders for sole parental responsibility and for the children to live with her, with no time or communication with the father.

The court was required to determine the best interests of the children, specifically considering the benefit of a meaningful relationship with both parents, the likely effect of any change in their circumstances, the practical difficulties and expense of spending time with each parent, and the capacity of each parent to provide for the children's needs. The court also had to consider the history of family violence orders, the parents' attitudes towards their responsibilities, and whether the proposed orders were least likely to lead to further proceedings. The potential for the children to be cut off from their paternal family was also a relevant consideration.

Judge Terry found that the mother demonstrated a very good attitude towards her parental responsibilities, while the father's attitude was poor, attributing the lack of contact to the mother's hostility rather than his own behaviour. The court noted the father's desire for involvement with his children, but found that an order for unsupervised time was most likely to lead to further proceedings given the father's issues. While acknowledging the importance of a relationship with the paternal family, the court found no evidence that the paternal grandmother was willing or appropriate to supervise any contact. The mother was found to be a competent parent, while the father's reliability as a witness was questioned. The court also considered the parents' alcohol consumption, noting a high CDT reading for the mother which she attributed to specific occasions, and a subsequent normal reading after ceasing alcohol consumption.

The court ordered that the mother have sole parental responsibility for the children, and that the children live with the mother. The father was ordered to spend no time with and have no communication with the children, with a caveat that the mother could facilitate contact in specific family situations if she deemed it safe and appropriate.