HELBIG & ROWE

This case concerned a dispute between a mother, Ms Helbig, and a father, Mr Rowe, regarding the parenting arrangements for their two children. The mother had made allegations of abuse by the father against one of the children and sought orders for sole parental responsibility, that the children live with her, and that time with the father be supervised.

The central legal issues before the court were whether the mother's allegations of abuse were substantiated to the extent that they posed an unacceptable risk to the children, and consequently, what parenting orders would best serve the children's interests under section 60CC of the *Family Law Act 1975* (Cth). The court also considered the findings of a single expert, who did not believe the abuse was likely to have occurred and noted the mother's repeated questioning of the children about alleged abuse.

Rees J determined that the children were currently living with the father and were happy in that arrangement. The court found a risk of the children losing their relationship with the father if they were to live with the mother. Applying the principles of best interests of the child, the court made orders that the children live with the father and that the father have sole parental responsibility. The mother was granted supervised time with the children for a period of one year, with a gradual increase to unsupervised time thereafter. Further orders addressed communication, medical information, school reports, and injunctions against denigration and discussing proceedings with the children.