Oscar and Delware

In *Oscar & Delware* [2011] FamCA 744, the Family Court of Australia considered an interim application by the father, Mr Oscar, for orders that his child, B, spend unsupervised time with him and that there be shared parental responsibility. The father also sought an order for the mother, Ms Delware, to relocate to a specific region. Ms Delware opposed these orders, and the Independent Children’s Lawyer submitted that the current arrangements should remain unchanged. The matter was heard conjointly with related proceedings, involving allegations of sexual and physical abuse, neglect, and tampering with evidence.

The court was required to determine whether to grant the father's interim application for unsupervised time with the child and shared parental responsibility, and whether to order the mother to relocate. Additionally, the court needed to consider procedural matters, including the exchange of residential addresses and telephone numbers for the children, and the adjournment of the proceedings for a final hearing. The court also had to address the presumption of equal shared parental responsibility under section 61DA of the *Family Law Act 1975* (Cth) and whether it applied in this case.

Justice Benjamin dismissed the father's interim application for unsupervised time with the child and shared parental responsibility. The court found that there were reasonable grounds to believe a parent may have engaged in family violence, which meant the presumption of equal shared parental responsibility did not apply. The court noted the significant issues raised by the mother regarding the father's behaviour, the family consultant's recommendation against interim time, and the child's distress in the father's company. The court also expressed concern about the father's potential deportation and the lack of a meaningful relationship between the child and father, stating there was no urgency in restoring this relationship until the evidence was fully considered. The court declined to order the mother to relocate, citing potential significant impacts and a lack of evidence regarding the practicalities and expense. The proceedings were adjourned for a final hearing.