HUTCHINSON & HUTCHINSON

In the matter of *Hutchinson & Hutchinson*, Justice Austin of the Family Court of Australia considered parenting orders concerning two children, H and C. The proceedings arose from allegations of sexual abuse of the children by the father, leading to a finding that the father posed an unacceptable risk of sexual abuse to the children.

The court was required to determine the extent of parental responsibility, with whom the children would live, and the nature and extent of any time the children would spend with the father. Additionally, the court considered the mother's application for an order permitting relocation and an injunction to regulate the father's behaviour.

Justice Austin found that the presumption of equal shared parental responsibility was rebutted due to the unacceptable risk posed by the father. The parties agreed that the mother would have sole parental responsibility and that the children would continue to live with her, as she was their primary carer and they had always lived with her. The court declined to make an injunction, noting that the mother could seek a family violence order under relevant state legislation. The court also determined that a relocation order in declaratory terms was not a proper exercise of power, as relocation would fall under the mother's sole parental responsibility.

The court ordered that all former parenting orders be discharged and that the mother have sole parental responsibility. The children were to live with the mother. The father was to spend time with the children for four hours annually, supervised by staff at the Rainbows Contact Service, with the father bearing the costs of the venue and supervision. Communication between the father and children was restricted to written communication, with the father able to send items no more than once per calendar month, and the mother assisting the children in sending communication to the father. The mother was responsible for conveying the children to and from the supervised visits. The parties were restrained from denigrating each other in the presence of the children. Costs were reserved.