HANAHAN & LEWIS

This matter concerned parenting orders for the child, H Lewis, involving the child's mother, Ms Hanahan, and father, Mr Lewis. The dispute arose in the context of past parental abduction by the father, which resulted in the child being returned to the mother overseas. The mother expressed fear of the father and a lack of willingness and ability to facilitate the child's relationship with him, while the father was found to lack the capacity to provide for the child's needs. Allegations of past family violence were raised but no findings were made, and family violence was not considered a current issue. The court was presided over by Faulks DCJ.

The primary legal issues before the court were whether the presumption of equal shared parental responsibility should be rebutted, and consequently, what parenting orders were in the best interests of the child, particularly concerning the child's time with and communication with each parent. The court also had to determine the father's application to adjourn the final hearing, which had been adjourned on multiple previous occasions to allow the father to prepare his case and file necessary affidavit and expert evidence, which he had failed to do.

The court dismissed the father's application for an adjournment, noting his repeated failure to comply with previous orders to prepare his case. Applying the principles of the best interests of the child, the court found that the presumption of equal shared parental responsibility was rebutted due to the father's past conduct, his lack of capacity to meet the child's needs, and the mother's fear and inability to facilitate contact. Consequently, the court ordered that the mother have sole parental responsibility for the child, that the child live with the mother, and that the child spend no time with the father. However, the father was permitted to send written communication and gifts to the child twice a year, which would be held by the Court and made available to the child upon reaching 18 years of age, or earlier with the mother's written consent. The court also made orders regarding the child's passports, surname change, and the return of funds and documents.