Malone and Malone

This matter concerned the parents, referred to as the mother and the father, and their dispute regarding the children B, C, and D. The proceedings were before Rees J.

The court was required to determine issues relating to parental responsibility, the children's living arrangements, and the extent and nature of the father's time with the children. Additionally, the court needed to address communication protocols between the parents, the father's access to information regarding the children's education and health, and the specific arrangements for the children spending time with the father, including supervised and unsupervised contact, and holiday arrangements. The court also considered the standard of proof in civil proceedings concerning allegations of violence, as outlined in section 140 of the *Evidence Act 1995* (Cth), and the definition of family violence under section 4AB of the *Family Law Act 1975* (Cth).

Rees J applied the principles of the *Family Law Act 1975* (Cth) in making orders that aimed to serve the best interests of the children. The court found that the mother should have sole parental responsibility and that the children should live with her. The judgment detailed a progressive plan for the father's time with the children, commencing with supervised contact and gradually increasing to unsupervised time, with specific arrangements for school terms and holidays. The court also established communication protocols, including the use of email for information exchange and specific times for audio-visual communication, and mandated that neither parent denigrate the other in the presence of the children. The court noted that in cases involving allegations of family violence, where incidents often occur without witnesses, extraneous evidence such as police records and medical notes is significant, and where such evidence is absent, the onus of proof may not be discharged.

The court made detailed orders concerning parental responsibility, living arrangements, communication, and the father's time with the children, including a phased approach to unsupervised contact and specific provisions for holiday periods. These orders also included provisions for the father to obtain information about the children's education and health, and for the mother to facilitate communication between the children and the father. The orders also stipulated that neither parent should denigrate the other in the presence of the children.