MCCREADIE & ORAM & ANOR (No.2)

In the matter of MCCREADIE & ORAM & ANOR (No.2), Judge Terry of the Federal Circuit Court of Australia considered parenting orders concerning two children, [X] born in 2012 and [Y] born in 2011. The dispute involved the father and mother of the children, with the maternal grandmother also involved in the proceedings. The court was tasked with determining the living arrangements and parental responsibility for the children, as well as the nature and extent of the mother's time with them.

The court was required to determine the best interests of the children, considering various factors including their maturity, sex, lifestyle, and background, as well as the attitude of each parent towards their responsibilities. Specifically, the court had to assess the capacity of each parent to provide for the children's emotional and intellectual needs, the likely effect of any change in the children's circumstances, and the practical difficulties and expenses associated with the children spending time with and communicating with each parent. The court also had to consider any family violence involving the children or their family members.

Judge Terry's reasoning focused on the mother's demonstrated poor attitude towards her parental responsibilities and her significant issues with drug use and involvement in the drug culture, which had exposed the children to risk. The court noted the mother's lack of acknowledgment of the harm caused to the children and her focus on attacking the father in her affidavit. The court also expressed concern about the maternal grandmother's similar attitude and her forceful attack on the father without acknowledging the mother's failings. While acknowledging an incident of family violence involving the father, the court found the mother's allegations of further violence to be lacking in credit and corroboration. The court considered the practical difficulties of supervised contact, including the distance between the parents and the limited availability and potential cost of contact centres.

Consequently, the court ordered that all previous parenting orders be discharged. The children were to live with the father, who was granted sole parental responsibility. The mother was to have supervised time with the children once a month for two hours, with specific provisions for the timing and location of this contact. Additional time was at the father's discretion. The mother was permitted limited telephone communication, subject to the father's supervision and ability to terminate calls. The maternal grandmother was permitted supervised visits with the children when accompanying the mother. The father was permitted to travel internationally with the children and apply for passports without the mother's consent. The father was restrained from physically disciplining the children, discussing the proceedings with them, or eliciting their views on the proceedings or other parties.