HAYMER & BAGANS

In the matter of Haymer & Bagans, heard before Judge Terry on 7 March 2014, the dispute concerned parenting orders for four children aged between six and thirteen. The mother sought orders for the children to live with her, while the children were residing with the father at the time of the proceedings.

The court was required to determine the paramount considerations under section 60CC(2) of the Family Law Act 1975 (Cth), specifically the benefit to the children of a meaningful relationship with both parents and the need to protect them from physical or psychological harm, abuse, neglect, or family violence. The court was also required to give greater weight to the protection from harm consideration under section 60CC(2A).

The court found that while the children would benefit from a relationship with both parents, and the father had much to offer when his mental health was stable and he was not misusing substances, there were significant concerns regarding the father's mental health management and his responsibility for fires in 2012 that destroyed property. The court was satisfied that the children were unlikely to be subjected to abuse, neglect, or family violence in the mother's care. The court accepted that the father's mental illness and potential substance misuse posed a risk of neglect. Consequently, the court ordered that the children live with the mother and that the mother have sole parental responsibility, with specific limitations on changing the children's names or relocating their residence from the local area. The father was ordered to provide a report from his psychiatrist confirming his compliance with medication and that his capacity to care for the children was not compromised, pending which, his time with the children was to be limited and supervised. Injunctions were also granted restraining both parties from denigrating each other in the presence of the children and restricting the father's access to the children's schools.