HOBBES & HOBBES AND ANOR

This case concerned an application by the applicant father regarding time spent with his two children, X and Y, born in 2010 and 2013 respectively. The first respondent is the mother of both children, and the second respondent is the biological father of the eldest child, X. The dispute centred on the extent of time the children should spend with the applicant, with the applicant seeking significantly more time than was then ordered. The mother, the second respondent, and the Independent Children’s Lawyer generally supported a more gradual increase in the applicant's time with the children.

The court was required to determine the parental responsibility arrangements for both children and to make orders regarding the time the children would spend with each of their fathers, considering the best interests of the children. Key issues included the application of the presumption of equal shared parental responsibility, the impact of past family violence, the children's relationships with both fathers, and the risk of harm to the children. The court also had to consider the practicalities of the parents' relationships and the second respondent's work commitments.

Austin J found that the presumption of equal shared parental responsibility applied between the mother and the second respondent for X, but not for Y due to past family violence by the applicant against the mother. The court determined that the relationship between the mother and the applicant was too volatile for them to share parental responsibility for Y, and therefore made orders for the mother to have sole parental responsibility for Y. The court noted that the evidence did not demonstrate an unacceptable risk of harm to the children with the applicant and, following the Family Consultant's recommendation, ordered a graduated increase in the duration of the children's visits with the applicant. The final orders discharged all former orders and established new arrangements for parental responsibility and time spent with the applicant and the second respondent, including provisions for communication and exchange of the children.