MAURER & VAN LAREN

The parties in this matter were the parents of a child, G Maurer, born in September 1995. The dispute concerned parenting orders, specifically the extent of parental responsibility and the child's living arrangements. The case was heard by Loughnan J.

The court was required to determine several critical issues, including whether the presumption of equal shared parental responsibility applied given the parents' lack of communication and dysfunctional relationship, and the presence of family violence. Further, the court had to consider the best interests of the child, who had Asperger’s Disorder and developmental delays. Key questions included whether the father had sexually abused the child, whether there was an unacceptable risk of future sexual abuse, and whether there was an unacceptable risk of emotional or psychological harm to the child by the mother. The court also had to assess if the conflict between the parents was so severe that the child could not maintain a relationship with both.

Loughnan J found that the presumption of equal shared parental responsibility did not apply due to the family violence and the parents' inability to communicate or co-parent. The court's primary consideration was the best interests of the child. After considering the evidence, the court concluded that it was not in the child's best interests to have shared parental responsibility. The court applied principles relating to the welfare of the child and the need to protect them from harm, particularly in circumstances of family violence and allegations of abuse.

The court ordered that all previous parenting orders be discharged. The mother was granted sole parental responsibility for the child, and the child was to live with the mother. Specific provisions were made for the father to receive communication and gifts from the child, and for the mother to inform the father of hospitalisations or inability to care for the child. The father was permitted to obtain school reports at his own expense. Both parties were ordered to exchange emergency contact details and were restrained from denigrating the other in the child's presence. The mother was also restrained from being intoxicated while the child was in her care.