Jordan & Garner

This matter concerned a dispute between Ms Jordan, the applicant Mother, and Mr Garner, the respondent Father, regarding the time the Father should spend with their two children, X and Y. The proceedings were heard by O'Shannessy J in the Federal Circuit and Family Court of Australia.

The court was required to determine the terms of parenting orders concerning the children's living arrangements, parental responsibility, and the nature and extent of the Father's time with the children. Key issues included the establishment of equal shared parental responsibility, the children's primary residence, and the conditions under which the Father's time with the children would occur, particularly in light of a final family violence order in favour of the Mother and concerns about the Father's behaviour.

The court made orders by consent, establishing equal shared parental responsibility with the children living with the Mother. The Father's time with the children was initially ordered to be supervised, with specific arrangements for Saturday afternoons. Crucially, the orders mandated the Father's enrolment and completion of a Men's Behavioural Change Program. Upon commencement of this program, the children's time with the Father was to transition to unsupervised, and further increased unsupervised time was to occur upon successful completion of the program. The orders also included provisions for communication between parents, the use of a parenting application, and injunctions restraining denigration, discussion of proceedings in the children's presence, exposure to family violence, and physical discipline.