MATHER & CATHCART

In Mather & Cathcart, Johns J of the Family Court of Australia considered a dispute between a father and mother concerning the children's time with the father. The mother sought to maintain supervised time for the father, while the father requested unsupervised time on alternate weekends. The case involved allegations of family violence by the father against the mother in the presence of the children, the father's issues with alcohol abuse and mental health, and concerns that the father posed physical and psychological risks of harm to the children. The father had also failed to engage with recommended professional supports aimed at mitigating these risks.

The court was required to determine whether the presumption of equal shared parental responsibility applied, and if not, how the children's best interests should be prioritised in making parenting orders. Specifically, the court had to assess the level of risk posed by the father to the children and whether this risk necessitated the continuation of supervised time. The central legal issue was to craft orders that adequately protected the children while allowing for appropriate contact with the father, given the identified risks.

Johns J found that the presumption of equal shared parental responsibility was rebutted due to the significant risks of harm to the children. The court reasoned that the father's history of family violence, his alcohol and mental health issues, and his lack of engagement with support services meant that it was not in the children's best interests for his time to be unsupervised. Consequently, the court ordered that the mother have sole parental responsibility for the children's long-term care, welfare, and development, and that the children live with the mother. The father's time with the children was to remain supervised by a private supervisor, paid for by the father, and was significantly restricted in duration and frequency. The orders also included specific injunctions regarding substance use, communication, and the father's attendance at the mother's residence.