MARTIN & MARTIN

This case concerned parenting orders made by Judge Harman in the Family Court of Australia. The dispute involved allegations of family violence and the impact of the adversarial process on the children's best interests, particularly in circumstances where one party was self-represented.

The court was required to determine the best interests of the children, considering the nature of coercive and controlling family violence, and how this violence impacted the children. A further issue was the weight to be given to the views of adolescent children when those views were clearly expressed and independently formed based on their lived experience. The court also considered the challenges posed by self-represented litigants within the adversarial trial system and how this might affect the fairness of proceedings and the attainment of justice.

Judge Harman's reasoning emphasised the fundamental importance of family violence to the determination of children's best interests, describing such violence as a form of terrorism. The court noted that allegations of "brainwashing" were unsupported by evidence. The judge highlighted the vulnerability of the court and the integrity of the justice system to the advocates appearing on behalf of clients, and the need for a level playing field, especially for unsophisticated self-represented litigants. The court acknowledged the reality of self-representation and the need for meaningful responses to its implications to enhance the perception and attainment of justice and the best interests of children.

The court ordered that the father's application be dismissed and that the mother have sole parental responsibility for the children. The children were ordered to live with their mother, and the father was restrained from approaching within 500 metres of the children's schools or the mother's home. The mother was granted a certificate for potential costs recovery, and detailed information regarding the obligations and consequences of the orders was attached. All outstanding applications and exhibits were to be dealt with as specified in the orders.