PADAIYACHI & WEERASINGHE

This matter concerned parenting orders sought by Ms Padaiyachi, the mother, and Mr Weerasinghe, the father, regarding their two children, B and C. The dispute centred on the arrangements for parental responsibility, living arrangements, time spent with each parent, and communication between the parents and children. The decision was made by Faulks DCJ.

The court was required to determine the best interests of the children, considering the safety of the children as the primary consideration. This involved assessing the evidence presented by both parents regarding past violence, the children's desire to spend time with their father, and the mother's commitment to fostering the children's relationship with the father. The court also had to consider the father's demeanour and the credibility of his evidence concerning his past conduct.

Faulks DCJ applied the principles of the Family Law Act, prioritising the safety of the children. While acknowledging the mother's evidence of violence perpetrated by the father against her and the children, the court accepted the mother's goodwill in promoting the children's relationship with the father and the children's own desire to spend time with him. The father's evidence regarding his violence was found to be unconvincing and disingenuous, with the court accepting that incidents he downplayed, such as "back-handing" the mother and twisting B's ear, were more serious than he admitted. The court found the father lacked empathy and minimised his shortcomings. Despite these findings, the court was satisfied that both parents considered the relationship with the other parent important and that the mother would continue to support the children's relationship with the father. The court concluded that the children would benefit from a relationship with their father, but this did not override all other considerations.

The court made detailed orders regarding shared equal parental responsibility, with the children living primarily with their mother. Specific provisions were made for the mother to provide the father with access to school and medical information, and to keep him informed about the children's activities. The orders also stipulated the time the children would spend with their father, both in the United States and Australia, including financial responsibilities for travel and accommodation. Communication arrangements between the father and children were also outlined, with restrictions during school and extracurricular activities. The father was restrained from administering physical punishment.