Janda and Fairburn (No 2)

In the matter of *Janda and Fairburn (No 2)*, Berman J of the Family Court of Australia considered a dispute between a mother and father concerning their child. The mother sought to relocate to Queensland with the child, which the father opposed. The father sought orders for the child to live with him and spend significant time with the mother. The proceedings were complicated by mutual allegations of family violence, historical allegations of sexual abuse by the father, and the significant involvement of the maternal aunt in the child's care, who held strong negative views about the father.

The court was required to determine several key legal issues. Firstly, it needed to decide the living arrangements for the child, considering the mother's proposed relocation and the father's counter-application. Secondly, the court had to address the issue of parental responsibility, specifically whether to continue with equal shared parental responsibility or grant sole parental responsibility to one parent, given the existing order and the father's contention that the mother had been excluded from decision-making and was unlikely to cease pursuing allegations against him. Finally, the court considered the father's request to restrain the maternal aunt from contact with the child for a specified period.

Berman J reasoned that the mother's attitude towards the father, particularly her inability to contain her dislike and the significant risk of her views reverting post-proceedings, coupled with the maternal aunt's strong animosity and unsubstantiated allegations, made it unlikely that the mother would support the child's relationship with the father if relocation were permitted. The court found that the mother had abrogated her responsibility to the child by pursuing allegations against the father. Consequently, the court determined that granting the father sole parental responsibility would ensure the child's relationship with both parties was maintained and limit the mother's ability to involve the child in unnecessary assessments arising from false allegations. The court also considered the child's strong relationship with both parents when making its orders.

The court ordered the discharge of all previous parenting orders. The father was granted sole parental responsibility, with a proviso that he endeavour to reach agreement with the mother on major issues, but ultimately retain decision-making power if agreement could not be reached. The child was ordered to live with the mother and father in an equal shared care arrangement, with specific provisions for weekly, holiday, and special occasion time. The mother was restrained from allowing the child to attend counselling without agreement, and the maternal aunt was restrained from contact with the child for specified periods, with subsequent contact only in the mother's presence. Further orders addressed communication, health information, schooling, and prohibitions against discussing adult issues or denigrating the other parent in the child's presence.