Ness & Firmin (No 2)

AYC 144 of 2021 between Mr Ness and Ms Firmin was heard by Judge O'Shannessy in the Federal Circuit and Family Court of Australia. The case concerned final parenting orders for the parties' three children, X, Y, and Z. Mr Ness sought sole parental responsibility and for the children to have no contact with Ms Firmin. The Independent Children’s Lawyer recommended supervised time for the children with Ms Firmin, subject to her completing psychological therapy and drug testing. Ms Firmin’s application for a substantial change in the children’s position was dismissed. The court had to determine whether the children should have supervised time with their mother and, if so, under what conditions.

The court concluded that the risk of psychological and emotional harm to the children by allowing contact with their mother outweighed any potential benefit. The court found that Ms Firmin could not be trusted to avoid denigrating Mr Ness and his family during contact, which would undermine the children's relationship with their father. Additionally, the court was concerned about the potential distress to the children and the burden on contact centre workers. The court decided that no contact was in the children's best interests, as it would be the least worst outcome for them.

The court made orders that Mr Ness have sole parental responsibility, that the children live with him, and that they have no contact with Ms Firmin, unless agreed in writing by both parents. The court also restrained Ms Firmin from attending the children's school or extracurricular activities, contacting the children or Mr Ness, or approaching them in any way. The court allowed Ms Firmin to send letters and gifts to the children once per school term and on special occasions. The court discharged the appointment of the Independent Children's Lawyer and dismissed all other applications.