Joyce and Joyce

In *Joyce and Joyce*, heard before Judge Terry, the dispute concerned the living arrangements and parental responsibility for six children. The mother sought orders that the children live with her, that she have sole parental responsibility, and that the children have no time or communication with the father. The mother also sought permission to travel internationally with the children and sought injunctions restraining the father from removing the children from school or care, and from approaching or remaining at the mother's home.

The court was required to determine the paramount consideration of the best interests of the children, specifically addressing the benefit of a meaningful relationship with both parents against the risks posed by the father. The court also had to consider whether any time spent with the father could be safely managed without exposing the children to abuse, neglect, or family violence, and whether supervision would adequately mitigate such risks.

Judge Terry reasoned that while children generally benefit from a meaningful relationship with both parents, the father's demonstrated inability to provide nurture and guidance, coupled with his ongoing alcohol and drug abuse and propensity for violence, meant that a meaningful relationship was unlikely. The court found a significant and unacceptable risk of family violence if the children spent unsupervised time with the father. This conclusion was based on the family consultant's view, which the judge wholeheartedly endorsed, citing the father's convictions, continued substance use, and a serious incident in March 2014. The court also noted the father's difficult behaviour in court and at a contact centre, indicating that even supervision might not entirely remove the risk.

The court ordered that the children live with the mother and that she have sole parental responsibility. The children were to spend no time with and have no communication with the father. Injunctions were granted restraining the father from removing the children from school or care and from approaching the mother's home. The mother was permitted to obtain passports for the children and travel internationally with them without the father's consent.