LACONTE & CALCOTT

In interim parenting proceedings before Judge Morley, the dispute concerned the parenting arrangements for two children, X (born 2012) and Y (born 2015), between their mother, Ms Calcott, and their father, Mr Laconte. The mother had concerns regarding the father's parenting capacity due to his limited recent involvement with the children, although an instance of family violence had occurred. Despite these concerns, the father's parenting capacity was to be managed through supervision, and the risk of further family violence was assessed as low. Both parents sought orders for equal shared parental responsibility.

The court was required to determine whether the presumption of equal shared parental responsibility applied, given the presence of family violence. It also needed to consider the appropriate interim parenting orders, including living arrangements, time spent between the children and each parent, and the conditions under which such time should occur, particularly in light of the mother's concerns about the father's parenting capacity and the history of family violence.

The court found that the presumption of equal shared parental responsibility did not apply due to the instance of family violence. However, it ultimately made orders for equal shared parental responsibility, recognising the low risk of further family violence and the father's willingness to engage in supervised time. The children were ordered to live with their mother. The father's time with the children was to commence under supervision by approved persons, gradually transitioning to unsupervised time over several months, with specific provisions for holidays and communication. The father was also restrained from consuming alcohol before or during his time with the children and was required to attend to their basic needs. Orders were also made regarding changeovers, the prevention of denigration of either parent, and the prevention of the children's removal from Australia.