PERRIN & PLOTT

In *Perrin & Plott*, decided by Hannam J, the court considered a dispute concerning the parental responsibility and living arrangements for three children. The proceedings had been ongoing for nearly four years, with multiple listings for hearing and extensive leniency afforded to the father. The mother sought orders for sole parental responsibility, that the children live with her, and that they spend no time with the father, along with protective orders. The father had failed to engage with the Contact Service and had not spent time with the children.

The primary legal issues before the court were whether the children should live with the mother and spend no time with the father, and whether the mother should hold sole parental responsibility. The court also had to determine the father's application for an adjournment, considering the protracted nature of the proceedings and the father's non-compliance with directions. Furthermore, the court was required to assess the need for personal protection orders for the children and the mother, given concerns raised about the father's behaviour.

Hannam J refused the father's application for an adjournment, noting the need for finality in proceedings that had been on foot for nearly four years and the father's repeated non-compliance. In determining the children's best interests, the court weighed the mother's mental health and capacity against the father's illicit drug use, criminal behaviour, family violence, and lack of engagement. The court found that the father had not proposed any therapeutic support or supervision and that it was necessary to protect the children from harm. The court concluded that the children's best interests would be served by living with the mother and spending no time with the father, and that the mother should hold sole parental responsibility.

Consequently, the court discharged all previous orders, ordered that the mother have sole parental responsibility and that the children live with her, and that the children spend no time with the father. Personal protection orders were made restraining the father from approaching within 100 metres of the children's and mother's residences and specified educational and extracurricular facilities, and prohibiting him from stalking or intimidating the mother and children, or causing or permitting third parties to do so. These protective orders were made with a power of arrest without warrant. The mother was also ordered to continue engaging herself and the children with the Department of Family and Community Services, subject to the availability of services.