Milson & Myron (No 2)

In *Milson & Myron (No 2)*, the Federal Circuit and Family Court of Australia considered an application by the mother for sole parental responsibility for the parties' children, that the children live with her, and that they spend no time with the father. The father had failed to participate in the final hearing. The proceedings were marked by findings of family violence perpetrated by the father against the mother, and significant mental health concerns in the two eldest children.

The court was required to determine whether it was in the best interests of the children for the mother to have sole parental responsibility and for the children to live with her, with no time or communication with the father. This involved assessing the risk of emotional or psychological harm to the children posed by the father, and whether such risk could be mitigated. The court also had to consider the benefit of the younger children maintaining a relationship with the father against the identified risks to them and their siblings.

Carew J found that the father presented an unacceptable risk of emotional or psychological harm to the children, a risk that could not be ameliorated by supervision. While acknowledging the benefit of the younger children having a relationship with the father, this was outweighed by the risk of harm to all the children. The court noted the mother had taken reasonable steps to protect the children and ensure they received ongoing mental health assistance. Consequently, the court ordered that the children live with the mother and that the father spend no time and have no communication with them. The court also ordered that papers be referred to the Legal Services Commission and the Queensland Law Society.