Gbenga and Sunette

The Family Court of Australia heard an application by Mr Gbenga (the father) for parenting orders concerning his two young sons, B and D. The respondent was Ms Sunette (the mother), who sought to prevent the father from having any contact with the children. The Independent Children’s Lawyer was also involved in the proceedings.

The central legal issues before the Court were whether it was in the best interests of the children for them to spend time and communicate with their father, and whether the presumption of equal shared parental responsibility applied. The Court was required to consider the provisions of the *Family Law Act 1975* (Cth), including those relating to child abuse, family violence, and the best interests of a child.

The Court found that the mother had suffered appalling violence, abuse, and deprivation at the hands of the father, including physical beatings, strangulation threats, sexual abuse, and deprivation of food. The Court was satisfied that the mother would not cope psychologically if required to facilitate contact between the father and the children. Crucially, the Court found that there was an unacceptable risk of emotional or physical harm to the boys if they were to communicate with or spend time with their father. This risk outweighed any potential benefits. The Court also considered the father's criminal history, which included convictions for common assault and indecent treatment of a child, and evidence of his violent behaviour towards his eldest son and his second wife.

The Court ordered that the mother have sole parental responsibility for the children, dismissed the father's application for parenting orders, and granted an injunction restraining the father from approaching or contacting the mother. The Independent Children's Lawyer was discharged.