Perceval and Anor and Perry

The Federal Circuit Court, presided over by Judge Halligan, considered an application by a father and his mother for orders allowing them to spend time with and communicate with the children. The dispute arose in the context of family violence, with the father having been convicted of sexually assaulting and indecently assaulting the mother. Despite the father's and his family's assertions of his innocence, the mother's evidence remained unchallenged and uncontradicted.

The court was required to determine the best interests of the children, specifically addressing the potential impact on them if they were told their father was imprisoned due to their mother's allegations. It also had to consider the effect on the mother, and consequently on the children, of any order for the children to spend time or communicate with the father and his family. Furthermore, the court needed to assess the impact on the children of not seeing or communicating with their father and paternal grandmother.

Judge Halligan reasoned that the mother's evidence was uncontradicted and that the father's conviction for serious offences against the mother was a significant factor. The court prioritised the safety and well-being of the children, concluding that it was not in their best interests to spend time with or communicate with the father or paternal grandmother. Consequently, all prior parenting orders were discharged, the mother was granted sole parental responsibility, and the children were ordered to live with her. The father and paternal grandmother were prohibited from spending time with or communicating with the children.

In addition, the court issued injunctions under section 68B of the *Family Law Act 1975*, restraining the father and paternal grandmother from communicating with or approaching the mother or children, attending near their residence or workplace, or attending near any school or service attended by the children. These injunctions carried the power of arrest under section 68C of the Act in the event of a breach involving causing or threatening bodily harm to the mother, or harassing, molesting, or stalking her.