Milne and Moore & Anor

In the Family Court of Australia, Cleary J presided over a dispute concerning the parenting arrangements for four siblings: C, D, E, and F. The primary conflict involved competing proposals for the children's residence and parental responsibility, complicated by differing parentage for the eldest child, C, compared to her three younger siblings. The court was also presented with evidence of significant third-party risks to the children, including disclosures of sexual assault and dismissiveness of these risks by the mother and her family, as well as the mother's impaired capacity and a current relationship posing a risk.

The court was required to determine the most appropriate parenting orders for the four children, considering the imperative to maintain sibling relationships while addressing the specific needs and risks associated with each child and parent. Key issues included the allocation of parental responsibility, particularly the differing parentage of C, and establishing residence and time arrangements that would safeguard the children's welfare. The court also had to consider the history of non-compliance with court orders by some parties and prior involvement with child protection services.

Cleary J ordered that the children shall live with the father of the three younger children, Mr Rutherford, and spend substantial time with their mother. For the eldest child, C, equal shared parental responsibility was ordered between her biological father, Mr Moore, and her psychological father, Mr Rutherford, with specific time arrangements outlined for her to spend with Mr Moore. Crucially, Mr Moore was restrained from any contact with a third party, Mr K Moore, when C was in his care, and undertakings were required from other individuals to ensure this. The mother was also restrained from allowing contact between the children and two specific individuals, Mr H and Mr B Milne, during her time with them. The court also imposed orders preventing denigration of each other and discussion of proceedings with the children, and directed that relevant documents be provided to child protection services.