Heath & Heath

The case of *Heath & Heath* concerned parenting orders sought by the husband and wife regarding their three children. The dispute arose from a history of domestic violence, child protection interventions, and repeated separations and reconciliations between the parties. The primary issues before the court were where the children should live and the nature and extent of the time they should spend with each parent, with a particular focus on the need to protect the children from harm while fostering meaningful relationships with both parents.

The court was required to determine the paramount consideration of the children's best interests, balancing the benefit of a meaningful relationship with both parents against the need to protect them from physical and psychological harm, abuse, neglect, and family violence. This involved considering the presumption of equal shared parental responsibility and whether it applied, given the history of alleged and substantiated abuse. The court also had to assess the capacity of each parent to provide for the children's needs, facilitate their relationships with the other parent, and the likely effect of any changes in their circumstances.

Justice Brown found that the husband had physically abused all three children and engaged in family violence, which rebutted the presumption of equal shared parental responsibility. The court determined that the children J and E should live with their mother, and that the child A should also live with his mother and siblings, despite A's expressed wish to live with his father. The reasoning emphasised the need to prioritise protective concerns over other matters due to the husband's history of violence, lack of insight, and manipulative behaviour. The court ordered supervised contact for A with his father for an initial period, followed by alternate weekend contact, and reserved contact for E and J pending further assessment and potential therapeutic counselling. The wife was granted sole responsibility for long-term decisions regarding the children's education, health, and place of residence, with shared responsibility for other major decisions.