PEDRONI & SCHANZ

In the Family Court of Australia, Johns J considered a dispute between a father and mother concerning their two children, Y and Z. The father sought a change of residence for the children to live with him, or alternatively, unsupervised time with them. The mother sought for the children to continue living with her and to have no time with the father. The proceedings were complicated by an existing family violence intervention order between the parties and multiple allegations of family violence perpetrated by the father against the mother. The children had not spent any time with the father since July 2015.

The court was required to determine whether it was in the best interests of the children for the parents to have equal shared parental responsibility, and what living arrangements and time arrangements were appropriate for the children. The court also had to consider the impact of the family violence intervention order and the allegations of family violence on the children's welfare and safety.

Johns J found that it was not in the best interests of the children for the parents to have equal shared parental responsibility. The court concluded that the father posed an unacceptable risk of physical or psychological harm to the children. Applying the principles of the *Family Law Act 1975* (Cth), particularly concerning the paramountcy of the children's best interests and the need to protect them from harm, the court made orders for the mother to have sole parental responsibility for the children. The children were ordered to live with the mother and spend no time with the father. The father was permitted to send cards and gifts on birthdays and at Christmas. The mother was also ordered not to home-school child Z and was permitted to provide copies of family reports to the children's schools and health professionals. The appointment of the Independent Children's Lawyer was to be discharged in 30 days, and all other extant applications were dismissed.