Pannier and Antigonos

In *Pannier & Antigonos* [2014] FamCA 202, the Family Court of Australia considered parenting orders concerning two children, P (born 2003) and B (born 2005). The proceedings were initiated by the paternal grandmother, Ms G Pannier (the applicant), seeking sole parental responsibility and for the children to live with her, against the mother, Ms Antigonos (the respondent). The father sought no orders in his own right. The children were residing with the paternal grandmother at the time of the proceedings, and their time with the mother had been suspended.

The court was required to determine the best interests of the children, including whether the presumption of equal shared parental responsibility applied or was rebutted. This involved assessing allegations of abuse, the mother's history of drug use, and the overall capacity of each party to provide a safe and stable environment for the children. The court also had to consider the appropriate living arrangements for the children and the extent of time they should spend with each parent, taking into account the children's welfare and the need for a graduated reintroduction of time with the mother.

Stevenson J found that the presumption of equal shared parental responsibility was rebutted, as it was not in the best interests of the children. The court was satisfied that the children had not been exposed to abuse by either parent or a person living with a parent. However, the mother's history of drug use, including evidence suggesting use of substances beyond prescribed methadone during pregnancy and ongoing cannabis use, along with a concerning car accident while the children were present, weighed heavily in the court's decision. The court also noted the father's history of volatile behaviour, drug use, and incarceration, which led him to seek no orders in his own right.

Consequently, the court ordered that the paternal grandmother have sole parental responsibility for the children, with the children to live with her. Time with the mother was to be gradually reintroduced over several months, contingent upon her completing three supervised urinalysis tests that did not record a positive result for illicit substances. The father was to spend time with the children as agreed with the paternal grandmother. The court also made orders restraining the children from having contact with the maternal grandfather and prohibiting the parties from denigrating each other in the presence of the children.