LENNOX & LENNOX

In the matter of *Lennox & Lennox*, Austin J of the Family Court of Australia considered the parenting arrangements for two children, B (born 2007) and C (born 2010). The dispute concerned the nature and extent of the children's relationship with their father, particularly in light of past family violence. The court was tasked with determining the best interests of the children, including issues of parental responsibility and the specific orders for time spent with each parent.

The primary legal issues before the court were whether the presumption of equal shared parental responsibility applied, given the history of family violence, and what parenting orders would best serve the children's interests. The court also had to consider the impact of the father's past behaviour on the children's psychological well-being and the mother's emotional stability, as well as the differing needs and desires of the two children regarding their relationship with the father.

Austin J found that the presumption of equal shared parental responsibility did not apply due to the proven family violence between the parties, and that such an order would not be in the children's best interests. The court determined that the eldest child derived little benefit from her relationship with the father and that maintaining it risked psychological harm, a sentiment echoed for the youngest child. While the evidence of family violence ceased upon separation over three years prior, the father had demonstrated no tangible change in his attitude or insight into his past actions. Consequently, the court ordered that the mother have sole parental responsibility and that the children live with her. To balance the children's needs and desires, and to avoid differential treatment, the court ordered supervised time with the father on two occasions each year, with specific provisions for supervision and venue. The father was also restrained from approaching the mother's residence or the children's schools, but occasional written communication was permitted.