Keates & Featherston

This matter concerned parenting orders for three children, X, Y, and Z, born in 2008, 2010, and 2012 respectively. The applicant mother, Ms Keates, and the respondent father, Mr Featherston, had separated in 2013. The Secretary of the Department of Communities and Justice intervened in the proceedings. The case came before Judge Terry.

The court was required to determine the most appropriate parenting arrangements for the children, considering the paramount consideration of the children's best interests, including the benefit of a meaningful relationship with both parents and the need to protect them from harm. Specifically, the court had to assess the allegations of abuse and neglect made by the father against the mother, and the father's capacity to care for the children, given significant credit issues identified with his evidence. The mother's capacity to care for the children, including her handling of Y's autism diagnosis, was also a consideration.

Judge Terry found that while the children had a meaningful relationship with their mother, they did not have one with their father. The court was not satisfied on the balance of probabilities that the mother had assaulted or injured the children, despite the father's extensive allegations. Conversely, the court found that placing the children with the father would expose them to a family holding "false fixed beliefs" about abuse and neglect, which would be psychologically destructive. The father's evidence was found to be unreliable, with significant credit issues and unsubstantiated allegations. The court acknowledged the mother's parenting capacity issues but noted her willingness to accept assistance from the Department.

The court ordered that all previous parenting orders be discharged. For a period of six months, the Minister for Families, Communities and Disability Services would have sole parental responsibility. Following this, the mother would have sole parental responsibility, subject to accepting the guidance and directions of the Secretary or their delegate regarding the children's care, welfare, and development, and permitting home visits. The father was ordered to have no time or communication with the children, and was restrained from attending the mother's residence or the children's schools and activities.