Mercy & Harry

In this matter before Benjamin J, the court considered parenting orders concerning a child born in December 2002. The dispute involved the mother, Ms Mercy, and the father, Mr Harry, regarding the child's living arrangements, parental responsibility, and the mother's proposed relocation with the child from Tasmania to Victoria. The court was required to determine whether the presumption of equal shared parental responsibility applied, given allegations of violence, and to make orders that were in the best interests of the child.

The court was tasked with determining the appropriate parental responsibility for the child, whether the presumption of equal shared parental responsibility should be displaced due to alleged violence, and if so, what orders regarding the child's residence, time spent with each parent, and communication were in the child's best interests. A key issue was the mother's application to relocate the child's primary place of residence to Victoria, and the father's time with the child, including whether such time should be supervised.

Benjamin J found that the presumption of equal shared parental responsibility did not apply due to allegations of violence and that it was not in the child's best interests. Consequently, the mother was granted sole parental responsibility. The court ordered that the child live with the mother and permitted her to relocate the child's primary residence to Victoria. The father was to spend time with the child during specific school holidays and annually in January and December, with the father bearing the cost of transporting the child to Tasmania for school holidays and the mother the cost of return. The child was to communicate with the father twice weekly via agreed electronic means, and the mother was directed to ensure the child had access to a computer with internet and webcam facilities. The father's time with the child was to be supervised by nominated family members or other agreed persons, subject to strict undertakings regarding the child's overnight care and the father's consumption of alcohol. Both parents were restrained from consuming alcohol while the child was in their care, and the father was specifically restrained from sleeping in the same room as the child. The court also directed the Independent Children's Lawyer to forward relevant documents to the Director of Victorian Child Safety/Child Welfare Department and Tasmania Police.