Heron & Heron

In the matter of Heron & Heron, the Federal Circuit and Family Court of Australia (Division 1) dealt with final parenting orders concerning the children of a separated couple, X, aged 13, and Y, aged 7. The parents had separated in July 2021, and the mother initiated proceedings in November 2021. The key dispute centred on the nature and extent of the father's contact with the children, particularly Y, given the child's reluctance to spend time with him and the father's history of perpetrating family violence against the mother. The mother sought orders for the children to live with her and for the father to have no unsupervised contact with them. The father, on the other hand, sought supervised visits with Y progressing to unsupervised time. The Independent Children's Lawyer recommended an assessment for ADHD or Autism Spectrum Disorder for Y and sought interim orders to facilitate this, as well as to relist the matter in mid-2025.

The court was required to weigh the risks of harm to the children against the father's right to spend time with them. Given Y's severe emotional dysregulation, which had improved significantly after supervised visits with the father were suspended, the court considered the significant long-term risks if Y's emotional regulation regressed upon reintroduction of contact with the father. The father's lack of insight into his own behaviours and the impact of his past actions, coupled with his contribution to the child's dysregulation, further complicated the decision. Ultimately, the court concluded that Y was at risk of unacceptable harm that could not be ameliorated by supervision.

The court made orders that X live with the mother and spend time with the father in accordance with her wishes, while Y was not to spend any time with the father. The mother was to have sole parental responsibility. Additionally, the father was restrained from approaching or communicating with the children’s school and/or treating health professionals, and from approaching the mother’s residence and/or workplace. The mother was to facilitate communication between the father and the children's school, and the father was to create an email account for the mother to use to send information about the children. The father was also permitted to send cards or letters to the children on special occasions. The mother and father were each ordered to pay half of the costs of the Independent Children’s Lawyers appointed for the purposes of these proceedings, as assessed by Legal Aid.