Newell & Newell

This case concerned parenting orders sought by Mr Newell (the father) and Ms Newell (the mother) regarding their four children: X (born 2005), W (born 2011), Y (born 2014), and Z (born 2015). The dispute involved allegations of family violence, drug use, and a turbulent relationship between the parents. The matter came before Terry J in the Federal Circuit Court of Australia.

The court was required to determine the living arrangements for the children, the allocation of parental responsibility, and the extent of contact, if any, the father should have with the children. Specifically, the court had to consider the children's best interests in light of the history of family violence, the parents' reliability as witnesses, the children's views, and the potential risk of harm posed by the father. The court also had to consider whether to grant injunctions to protect the children and the mother.

Terry J found the mother to be a reliable witness, despite acknowledging her past failings as a parent. Conversely, the father was found to be an unreliable witness, contradicting his own evidence and providing inaccurate information. The court considered the primary and additional considerations under section 60CC of the *Family Law Act 1975* (Cth). The court noted the children's views, with W expressing a desire not to spend time with the father, Y indicating he would if the rest of the family did, and X wishing to maintain current arrangements. Z did not communicate with the Independent Children's Lawyer. The court found the mother had been the primary carer and the younger children had a limited or non-existent relationship with the father, particularly since a Protection Order was made in 2018. The court concluded that equal shared parental responsibility was not appropriate due to the mother's fear of the father and the potential for ongoing conflict.

Consequently, the court ordered that all existing orders concerning X be discharged. The children W, Y, and Z were ordered to live with the mother, who was granted sole parental responsibility. The father was ordered to have no time with and no communication with the children. Pursuant to section 68B of the *Family Law Act 1975*, injunctions were granted restraining the father from removing the children from school or care, attending within 200 metres of the children, attempting to communicate with them, or residing within one kilometre of the mother's new residence once she moved.