Leventis & Leventis (No 7)

The matter before the court involved an application by Ms Leventis for sole parental responsibility of her two children, X and Y, who had been primarily in the care of Mr Leventis for nearly two years. The application arose against a backdrop of allegations of family violence and abusive behaviour by Mr Leventis towards Ms Leventis and the children. The court was tasked with determining the appropriate parenting arrangements that would ensure the safety and welfare of the children.

The primary legal issue before the court was whether Ms Leventis should be granted sole parental responsibility, given the allegations of abuse and family violence. The court also had to consider the children's best interests, the existing parenting arrangements, and the potential impact of any changes on the children. Additionally, the court needed to address the appropriate interim arrangements to ensure the children's safety while the application was being determined.

The court found that the allegations of abusive behaviour and family violence were substantiated, and it was in the children's best interests for Ms Leventis to have sole parental responsibility. The court considered the children's need for stability, safety, and protection from the abusive environment created by Mr Leventis. The detailed and specific orders made by the court aimed to ensure that the children were protected from further harm and that both parents could still maintain a relationship with them under supervised conditions. The orders included provisions for supervised contact, family therapy, and the appointment of a family consultant to oversee compliance with the orders.

The court granted Ms Leventis sole parental responsibility for the children and ordered that the children live with her. The court also imposed extensive restrictions on Mr Leventis's contact with the children and required him to engage in family therapy and comply with the supervision of a family consultant. The orders detailed specific time arrangements for the children's contact with Mr Leventis, which would gradually increase over time, alongside provisions for communication, schooling, and special occasions. The court further restrained both parents from engaging in certain behaviours that could harm the children, including denigration, discussing the proceedings with the children, and exposing them to family violence.