JARDINE & SACKVILLE

In the matter of *Jardine & Sackville*, Justice Austin of the Family Court of Australia considered an application by the father concerning parenting orders for his two children, aged eight and six. The dispute centred on with whom the children should live and spend time, with the father proposing three alternative bases for orders contingent on findings of unacceptable risk of harm. The mother's consistent position was the father's exclusion from the children's lives, with whom the children currently reside and from whom they are estranged. The Independent Children’s Lawyer and the Family Consultant both supported the mother's proposals.

The court was required to determine the best interests of the children under section 60CC of the *Family Law Act 1975* (Cth), considering factors including the deterioration of the children's relationship with the father, their more meaningful relationships with the mother, and allegations of family violence, child abuse, and neglect. Crucially, the court had to assess the father's history of violence and criminal convictions, and the existence of an apprehended violence order protecting the mother and children from him, to determine if he posed a material risk of harm. The presumption of equal shared parental responsibility was also in question due to family violence.

Justice Austin reasoned that the father posed a material risk of harm to the children, rendering the presumption of equal shared parental responsibility inapplicable. The court found that the children's best interests were served by living with the mother and that supervised contact was not appropriate. Consequently, the court made orders consistent with the mother's and the Independent Children’s Lawyer's proposals, intentionally making no provision for the children to spend time or communicate with the father. The mother was granted sole parental responsibility for the children.

The orders discharged all former orders regarding the children, established the mother's sole parental responsibility, and stipulated that the children shall live with the mother. The mother is to inform the father of the children's school and authorise the provision of school reports at his expense. A Fact Sheet detailing obligations, consequences of contravention, and assistance was attached to the orders. The Independent Children’s Lawyer was discharged upon the determination of any appeal or the expiry of the appeal period, and costs were reserved. All other outstanding applications were dismissed.