GARVIE & RONAGH

This matter concerned parenting orders for three children, X, Y, and Z. The mother sought orders that the children live with her, that she have sole parental responsibility, and that the eldest child, X, spend time with the father only as agreed between the parents. For the younger two children, Y and Z, she sought supervised contact with the father at a contact centre. The father sought orders that the children live with him, that he have sole parental responsibility, and that the children have no contact with the mother. The dispute arose following allegations by the mother that the father had engaged in inappropriate behaviour towards the children, which the father denied. The court was required to determine the living arrangements for the children, the allocation of parental responsibility, and the nature and extent of time the children would spend with each parent, in light of the allegations of harm.

Forrest J accepted the mother's evidence that the father had engaged in the inappropriate behaviour described by the children. Consequently, the court found that the children would face a risk of exposure to sexual abuse, emotional harm, and/or physical harm if they were in the father's unsupervised care. The court applied the paramountcy principle, considering the best interests of the children. Given the findings of risk, the court determined that the younger children, Y and Z, should spend fortnightly time with the father, supervised at a contact centre, in addition to twice-weekly telephone contact. For the eldest child, X, whose views were given significant weight, no order was made requiring time with the father, with any such contact to be agreed in writing between the parents.

The court ordered that the children live with the mother and that she have sole parental responsibility for all major long-term decisions. However, the mother was obligated to provide the father with at least 14 days' written notice of any proposed major decision, invite his input, and reasonably consider any written submissions he provided before making the final decision. The father was to pay all costs associated with the supervised visits for Y and Z. The mother was also ordered to keep the father informed of the children's educational, cultural, sporting, and health developments.