JALOMA & JEBBS

In interim parenting proceedings before Judge Morley, the dispute concerned the parentage of a child, X, born in 2016, and the arrangements for his time with his father. While the father was determined to be the parent, he had had minimal time with the child. The proceedings also involved allegations of family violence between the parties, with contradictory evidence presented.

The court was required to determine whether an order for equal shared parental responsibility should be made, considering the presumption of equal shared parental responsibility and whether the established risk of family violence rebutted this presumption. Additionally, the court needed to assess the risk of family violence between the parties and whether such risk could be mitigated, and to determine appropriate time arrangements for the child with his father.

The court found that while a risk of family violence was established between the parties, it was considered mitigatable. The presumption of equal shared parental responsibility was rebutted due to the family violence. Consequently, no order for parental responsibility was made. Instead, the court ordered cascading supervised time for the father with the child, commencing with short, supervised periods and gradually increasing in duration and decreasing in the level of supervision over several months, with specific changeover arrangements and provisions for audio-visual communication. The orders also included restraints on alcohol and illicit substance consumption, denigration of the other parent, and requirements for both parents to complete parenting courses and for the father to be recorded on the child's birth certificate.