Hanna and Ethington

This matter concerned an application before Judge Terry regarding the parenting arrangements for two children, [X] and [Y]. The dispute centred on the father's parenting capacity, his drug use, and instances of family violence, which the mother argued rendered him unfit to have contact with the children. The mother sought orders for sole parental responsibility, that the children live with her, and that the father have no time or communication with them. Additionally, she sought orders restraining the father from approaching or contacting her or the children's residence and school, and authorising a change of the children's surname from Ethington to Hanna, and permitting international travel with the children without the father's consent.

The court was required to determine the father's parenting capacity, considering his drug use and history of family violence. It also had to assess the extent to which each parent had taken opportunities to spend time with, communicate with, or participate in decision-making about the children, and the financial support provided by each parent. The court was further tasked with considering the maturity, sex, background, and other characteristics relevant to the children, as well as the likely effect of any changes to their circumstances.

Judge Terry found that while the father had interacted appropriately with the children in a supervised setting at Relationships Australia, this did not equate to the capacity to parent them in a broader sense. The court identified the father's drug use and family violence as significant factors demonstrating a lack of parenting capacity. The father admitted to recreational use of cannabis, amphetamines, ecstasy, and cocaine, and a drug test from early 2016 confirmed the presence of MDMA. The mother was found to be a good and reliable carer, and the father had not spent significant time with the children due to his drug use and behaviour. The mother was also the primary financial supporter of the children.

The court made orders granting the mother sole parental responsibility for the children and that they live with her. The father was ordered to have no time or communication with the children and was restrained from approaching or contacting the mother, the children's residence, school, or the mother's place of employment. The children were to be known as Hanna, and the mother was authorised to change their surname and apply for passports for them, notwithstanding the father's lack of consent.