PENDER & PERCIVAL

In proceedings before Gill J, the dispute concerned final parenting orders for two children. The mother sought sole parental responsibility, while the father's history of perpetrating significant family violence was a central issue. The court was required to determine the best interests of the children in light of this history and the potential future risk posed by the father.

The court was asked to consider whether the primary considerations under the Family Law Act 1975 (Cth), particularly those relating to the father's violence and the risk of re-offending, outweighed any other considerations under section 60CC(3). The court also had to determine the appropriate orders regarding parental responsibility, the children's living arrangements, and the extent of any contact or time with the father.

Gill J reasoned that the lethality of the family violence perpetrated by the father, combined with the strong indication of future risk, meant that there would be no benefit to the children in maintaining a relationship with him. Consequently, the court ordered that the mother have sole parental responsibility for the children, that the children live with the mother, and that there be no time or contact between the children and the father. Further orders were made to restrain the father from various actions, including enquiring about the children's whereabouts, contacting them directly or indirectly, approaching or contacting the mother except through her legal representative, and coming within 500m of the mother's or children's locations. The court also made orders permitting the mother to apply for passports for the children, to relocate the children's residence, and to change their names without the father's consent, noting these orders were for the personal protection of the mother and children.