LEACROFT & DARELL

In the matter of LEACROFT & DARELL, Cleary J considered parenting orders concerning a child born in 2016. The dispute involved the child's residence, parental responsibility, and time spent with the father. The mother sought sole parental responsibility and for the child to live with her, while the father sought equal shared parental responsibility and substantial unsupervised time. The mother had provided a safe home environment, and the child currently spent limited supervised time with the father, who lived a three-hour drive away. Substantiated allegations of family violence by the father and his unaddressed anger were significant factors.

The court was required to determine the appropriate orders for parental responsibility and the child's living arrangements. Specifically, it needed to decide whether the presumption of equal shared parental responsibility applied, given the history of the mother being the sole decision-maker since separation and the father's acknowledgment of her capacity. The court also had to balance the child's need for protection from potential risk with the benefit of maintaining a meaningful relationship with the father, considering the father's desire for unsupervised time and the mother's opposition to it, save for ongoing supervised contact.

Cleary J reasoned that the presumption of equal shared parental responsibility did not apply in this case, as the father's conduct and the circumstances of the separation indicated it was not in the child's best interests. The court found that the mother had been the primary decision-maker and acknowledged her capacity to care for the child. Consequently, the mother was granted sole parental responsibility. Regarding time with the father, the court ordered a phased approach, commencing with supervised contact and progressing to unsupervised time, with specific conditions and limitations, including injunctions related to alcohol consumption and geographical restrictions. The court also made orders regarding communication, changeovers, and information sharing between the parents.