JOHNS & JOHNS

The Family Court of Australia heard a dispute between Ms Johns (the applicant mother) and Mr Johns (the respondent father) concerning the living arrangements and schooling of their child, B. The Independent Children’s Lawyer, Mr Barry, also participated in the proceedings. The central issue revolved around allegations of child abuse made by the mother against the father, which had led to multiple investigations and significant disruption to the parents' relationship and the child's living arrangements since their separation in 2010.

The court was required to determine whether the child was at an unacceptable risk of harm from the father, and consequently, with whom the child should live and spend time. Additionally, the court had to decide which school the child should attend, considering the father's stable residence and the mother's history of relocation. The court also needed to address the child's name and the possession of her passport.

Rees J found that there was no evidence of an unacceptable risk of harm to the child from the father. The court expert supported an equal time arrangement, and the evidence did not suggest that either proposed school would offer a superior educational experience. Given the father's consistent residence and the mother's history of moving, the court favoured a school that would support the child's relationship with her father and brother. The court ordered that the child live with each parent on a week-about basis, with specific provisions for school holidays, birthdays, and Christmas. The child was to be known by the name "B", and orders were made regarding the child's passport and the parents' communication and future travel with the child. The mother was also restrained from leaving the child in the care of a specific individual, and the father was ordered to ensure the child is cared for by an adult over 25 when he is unable to do so. The court also made orders restraining both parents from denigrating each other or discussing court proceedings in the child's presence.