Judds & Gatwood

In this matter before Judge Harland, the dispute concerned parenting orders for a child, X, born in 2010. The proceedings involved allegations of family violence and the court was required to determine whether the father posed an unacceptable risk to X and, consequently, whether supervised time and family therapy were appropriate.

The court was tasked with determining the best interests of the child, X, in light of allegations of family violence and the father's behaviour. Specifically, the court had to assess the risk of emotional and psychological harm to X if she were to resume spending time with her father. The court also considered the appropriateness and purpose of family therapy between the father and daughter, and the extent to which the father should be permitted contact with X.

Judge Harland found that X would be at an unacceptable risk of emotional and psychological harm if she resumed spending time with her father, noting his blame towards the mother and sons and his failure to acknowledge the impact of his own behaviour and violence. The court accepted that the father’s behaviour had a lasting impact on the family. Despite concerns about X's school attendance and the mother's engagement with counselling, these were viewed in the context of the family's trauma. Considering X's evolving views, her age, and the likely influence of her mother and brothers' experiences, the court determined it was in X's best interests to engage in supervised family therapy with her father to allow for safe interaction.

The court ordered that the mother have sole parental responsibility for X, with X living with the mother. The father was permitted limited contact through letters, cards, and video messages via a designated PO Box and email, no more than once per month and on special occasions. Supervised time between X and the father was to occur four times per year under therapeutic supervision, with the father to bear the costs. The father was restrained from attending places where X or her mother live, work, or attend school, and from using threatening behaviour or contacting X or the mother otherwise than as permitted by the orders.