Jasapas and Johns

In the case of *Jasapas and Johns*, heard by Forrest J, the dispute concerned parenting orders for two children, B and C. The court was required to determine the living arrangements and parental responsibility for the children, discharging all previous orders and making new provisions for their care and contact with their parents.

The central legal issues before the court were to establish the primary caregiver for the children, to define the extent of each parent's responsibility for long-term welfare, care, and development, and to set out the terms for the children's time with and communication with the mother. The court also had to consider the implications of allegations of sexual abuse within the context of determining the children's best interests, as well as the standard of proof required for such allegations.

Forrest J applied the paramount consideration of the children's best interests, as mandated by section 60CA of the *Family Law Act 1975* (Cth). The court referenced High Court authority, notably *M v M* (1988) 166 CLR 69, which affirmed that the resolution of sexual abuse allegations is subservient to the court's determination of the child's welfare. The court also acknowledged the seriousness of sexual abuse allegations and the devastating effects they can have, noting that findings of abuse must be satisfied to the civil standard of proof, with due regard to the *Briginshaw* test. The orders reflect a significant shift in the children's living arrangements, with the father being granted primary care and sole parental responsibility for most long-term decisions, subject to specific communication and consultation requirements with the mother. The mother's time with the children was initially subject to a moratorium and then to supervised contact, with any unsupervised time to be agreed upon by the parents. The court also imposed restraints on the parents and grandparents regarding communication with the children and the publication of information related to the proceedings.