Paddon and Tighe

This case concerned parenting orders for a child, [X], born in 2014. The dispute involved the father and the mother, and the decision was made by Judge Terry in the Family Court of Australia. The court was required to determine the living arrangements for [X], the allocation of parental responsibility, and the nature and extent of the mother's future contact with the child.

The court was tasked with considering various factors under the *Family Law Act 1975* (Cth), including the child's maturity, sex, and background, the relationship between the child and each parent, the parents' capacity to provide for the child's needs, and the likely effect of any change in circumstances. A significant aspect of the proceedings involved allegations of family violence, which the court carefully considered in its assessment of the parents' credibility and the child's best interests. The court also had to determine the appropriateness of granting the father sole parental responsibility and imposing injunctions to protect the child and the father.

Judge Terry found the mother to be an unreliable witness, particularly regarding allegations of family violence and the nature of [X]'s attachment to her. The court accepted the father's evidence concerning the alleged incidents of violence, finding the mother's accounts to be inconsistent and lacking credibility. The court was satisfied that [X] had a strong and good relationship with his father, who had been caring for him well. Conversely, while acknowledging the mother had a good relationship with [X], the court noted observations from a family report that indicated children were more engaged and happier with the father. The court expressed concern about the mother's parenting capacity, referencing allegations of alcohol consumption and her past difficulties with other children.

Consequently, the court ordered that [X] live with the father and that the father have sole parental responsibility. The mother was granted supervised time with [X] on four occasions per year, with the father responsible for arranging and funding the supervision. The court also issued injunctions restraining the mother from various actions, including attending [X]'s school without consent, attempting to contact [X] outside of the permitted arrangements, and contacting the father except via email in non-emergency situations. The father was permitted to obtain a passport for [X] and travel internationally with him at his sole discretion.