Mandes and Bamford & Anor

The Family Court of Australia considered the living arrangements and parental responsibility for a child born in 2011, following the separation of the child's parents, Ms Mandes (the mother) and Mr Bamford (the father). The proceedings were complicated by allegations of family violence by the mother against the father, and by the father's concerns regarding the child's health and safety under the mother's care, including allegations of physical abuse or inadequate supervision and concerns about the child's low weight due to insufficient nutrition. The Secretary of the NSW Department of Family and Community Services intervened in the proceedings, and an Independent Children's Lawyer was appointed to represent the child's interests.

The court was required to determine with whom the child should live and spend time, and whether the presumption of equal shared parental responsibility applied. Additionally, the court had to assess the risk of harm to the child in the mother's care, considering the father's allegations of abuse and neglect, and the mother's counter-allegations of family violence. The court also considered an application by the intervener for supervised care arrangements for the mother and an injunction sought by the mother concerning her father's alleged sexual offences.

The court found that the father's allegations of abuse and neglect were not substantiated, and that the child's injuries and low weight were satisfactorily explained. It determined that there was no unacceptable risk of harm to the child in the mother's care. The presumption of equal shared parental responsibility was displaced due to the father's perpetration of family violence and the parties' inability to communicate effectively. Consequently, the mother was granted sole parental responsibility for the child. The court also ordered that the child live with the mother and spend time with the father, with specific arrangements for changeovers to be supervised by the intervener for a period. Furthermore, the mother was restrained from allowing the child to be in the presence of her father unless personally supervised by her.

The court ordered that all former orders relating to the child be discharged. The mother was granted sole parental responsibility, and the child was ordered to live with the mother. Specific orders were made regarding the child's time with the father, including supervised changeovers for an initial period. The intervener's application for supervised care of the mother was dismissed. The mother was restrained from allowing the child to be in the presence of her father unless personally supervised by her. All other outstanding applications were dismissed, and costs were reserved.