Garcon and Havener & Ors

In *Garcon and Havener & Ors*, heard by Cleary J, the court was asked to determine parenting orders concerning two children, D and E. The dispute arose in circumstances where the father had been convicted of an assault on one of the children. The mother sought orders for the children to live with her and have no contact with the father, while also seeking to regulate contact with the paternal grandparents.

The primary legal issues before the court were whether the children's best interests would be served by living with the mother and having no contact with the father, and the extent to which the father should be involved in long-term decisions regarding the children. The court was also required to consider the children's wishes and the potential for future harm given the father's history of offending, lack of insight, and ongoing issues with drug and alcohol use, as well as the existence of an apprehended violence order.

Cleary J reasoned that there was an unacceptable risk of future harm to the children if they resumed spending time with the father. This conclusion was based on the father's lack of insight into the impact of his offending, his substance abuse, and his failure to address destructive behaviours. The court also took into account the existing apprehended violence order. Consequently, 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 have no contact with the children, with limited exceptions for sending letters, cards, and gifts on special occasions. The children were to spend time with the paternal grandparents, under specific conditions including the presence of a paternal aunt, and with the father restrained from being present during these times. The court also made orders regarding communication between the parents and the father's limited right to be informed of long-term issues concerning the children.