Jarrad & Weatherston

This matter concerned parenting orders sought by Mr Jarrad (the applicant father) against Ms Weatherston (the respondent mother) concerning their two children, X and Y. The dispute centred on the extent and nature of the time the children would spend with their father, particularly in light of past family violence perpetrated by the father and his subsequent conviction for assault. The orders were made by Judge Terry in the Federal Circuit and Family Court of Australia.

The court was required to determine the appropriate parenting arrangements for the children, balancing the benefit of a meaningful relationship with both parents against the need to ensure the children's safety and wellbeing. Specifically, the court had to consider the extent of unsupervised time the father should have with the children, including overnight stays and time during school holidays, and whether any specific conditions or restraints were necessary to mitigate potential risks.

In reaching its decision, the court applied the primary consideration of the benefit to the children of having a meaningful relationship with both parents, as outlined in section 60CC(2)(a) of the *Family Law Act 1975* (Cth). The court found that the mother was a competent and caring parent and that the children would benefit from a continued meaningful relationship with her. It also found that the children would benefit from a meaningful relationship with the father, noting his commitment to them and the positive experiences he could offer, such as activities on his farm and time with his family. Crucially, the court considered the father's history of family violence and assault conviction, but concluded that the children would not be at unacceptable risk of harm if they spent time with the father, provided that restraints regarding his alcohol consumption were in place. The court adopted the proposals of the Independent Children's Lawyer, which included provisions for the father to undertake breathalyser tests and a restraint on his alcohol consumption.

The court ordered that the mother have sole parental responsibility for the children and that the children live with her. The father was granted specific periods of time with the children, commencing with alternate weekends and gradually increasing in duration, including overnight stays and time during school holidays, with detailed provisions for changeovers, communication, and specific restrictions on the father's alcohol consumption. The orders also included provisions to prevent denigration of either parent and to ensure communication between the parents was child-focused.