Lincoln and Boland

In the matter of *Lincoln and Boland*, heard before Judge Terry, the dispute concerned parenting orders for two children, [X] and [Y]. The father sought sole parental responsibility and orders for the children to live with him, with limited and supervised contact for the mother.

The court was required to determine the best interests of the children, specifically considering the likely effect of any changes in their circumstances, including separation from either parent. The court also had to assess the practicality and benefits of the mother resuming contact with the children, particularly whether unsupervised time would be appropriate and beneficial without placing the children at an unacceptable risk of harm. Further considerations included the practical difficulties and expense of contact, the capacity of each parent to provide for the children's needs, and the mother's past conduct, including her failure to complete drug testing and her relocation to Queensland.

Judge Terry reasoned that while resuming contact with the mother might be beneficial for the children, the primary concern was the potential risk of harm. The court preferred the father's evidence regarding the mother's failure to complete drug tests, finding that the father had acted protectively in withholding the children. The mother's subsequent failure to respond to court proceedings and her relocation without attending court further informed the court's decision. The court noted the father's capacity to provide for the children's day-to-day needs and education, and did not accept the implication that he was failing to attend to their emotional needs by limiting contact with the mother.

The court ordered the discharge of all previous parenting orders. The father was granted sole parental responsibility, and the children were to live with him. The mother's time with the children was to be as agreed in writing by the father, with his decision being final, and he could require supervision. The mother was granted limited telephone communication with [Y] and liberty to send letters and gifts, which the father was to pass on unopened. The mother could obtain school reports and routine information but could not attend school events without the father's written consent. Injunctions were granted restraining the mother from approaching the children or attending their extra-curricular activities without the father's consent, and from facilitating contact between the children and Mr D. Both parents were restrained from denigrating each other. The father was permitted to obtain passports for the children and travel internationally with them without the mother's consent. The parties were ordered to keep each other advised of their contact details.