Germain and Germain

In *Germain and Germain*, heard by Judge A Kelly, the proceedings concerned parenting orders for a child born in 2012. The dispute involved the father's time with the child, with the court considering various conditions and safeguards to ensure the child's well-being.

The court was required to determine the best interests of the child in the context of interim parenting arrangements. This involved assessing the nature and degree of any risk to the child, particularly in light of allegations of past abuse and domestic violence. The court also had to consider the relevance of convictions, breaches of domestic violence orders, and documented notifications to departmental authorities in its assessment of risk.

The court applied the principle that the decisive issue in all parenting matters is the best interests of the child, and all other issues are subservient. It adopted the concept of "unacceptable risk," which involves evaluating the nature and degree of risk and whether it is acceptable, with or without safeguards. The court noted that even if allegations of past abuse are not definitively proven to the Briginshaw standard, the circumstances surrounding those allegations can still be relied upon to determine if there is an unacceptable risk. The court may reach a conclusion of unacceptable risk from an accumulation of factors, even if not all factors are proven to the balance of probabilities. The court also acknowledged the relevance of documented records, such as notifications to departmental authorities, and that the truth or completeness of each notification need not be satisfied. The court further referenced the principle that a finding of sexual abuse would have a decisive impact on custody or access applications, as the established test is whether an order would expose the child to an unacceptable risk of abuse.

The court made interim orders for the child to spend supervised time with the father, subject to specific conditions including the father abstaining from alcohol and illicit substances, communication through a designated app, participation in a parenting program, and supervised drug testing. The parties were also ordered to support the child's participation in therapy and to refrain from negative comments about the other parent. The proceeding was re-fixed for a final hearing.