Jonas and Mears

This case involved a dispute between a mother and father concerning parenting orders for their child, X. The matter was heard by Judge Terry. The court was required to determine the living arrangements for the child, the extent of parental responsibility, and the nature and frequency of the father's time with the child.

The court considered several legal issues, including the child's maturity, sex, and background, any views expressed by the child, the nature of the relationship between the child and each parent, and any family violence involving the child or a family member. The court also had to assess the capacity of each parent to provide for the child's needs and the likely effect of any changes in the child's circumstances. The father's history of family violence, including controlling and coercive behaviour and the existence of a final apprehended domestic violence order, were significant factors.

In reaching its decision, the court applied principles from the *Family Law Act 1975*, particularly section 60CC, which outlines considerations for determining the best interests of the child. The court found that the father's aggressive and unregulated behaviour had a deleterious impact on the child, despite the child's expressed desire to maintain contact. The court also noted the mother's difficulties in managing the child's behaviour and the significant stress she experienced. The court ultimately made orders that the child live with the mother and that the mother have sole parental responsibility. The father was granted supervised time with the child on specific dates, with provisions for the father to bear the costs of supervision. The father was also restrained from making contact with the child other than as permitted by the orders, and the mother retained the child's passport and was at liberty to travel internationally.