Peterson and Powell and Ors

The case of Peterson and Powell and Ors involved the mother, father, maternal great grandmother, and paternal grandmother as parties, concerning the parental responsibility and living arrangements for two children, X and Y. The dispute centred on who should have parental responsibility for the children and where they should live, given allegations of family violence and the abdication of parental duties by the biological parents. Austin J presided over the proceedings.

The court was required to determine whether the presumption of equal shared parental responsibility applied to the children, and if not, to determine the best interests of the children in relation to their living arrangements and parental responsibility. Key issues included assessing the risk of harm to the children, particularly in light of family violence and sexual misconduct allegations involving family members, and deciding with whom the children should live and spend time.

Austin J found that the presumption of equal shared parental responsibility was rebutted for both children. For the eldest child, both the mother and father had abdicated their responsibilities, and for the youngest child, the father did not engage with the litigation and his family violence rendered the presumption inapplicable. The court prioritised the children's physical and emotional safety, noting a risk of harm in the maternal great grandmother's home due to exposure to family violence, which had subsided with the mother's exclusion. However, the court also found that the paternal grandfather's conviction for sexual misconduct with a minor, and the paternal uncle's alleged misconduct, created a risk of harm in the paternal grandmother's home, though she could protect the children during supervised visits.

Consequently, the court ordered that the maternal great grandmother shall have sole parental responsibility for both children and that the children shall live with her. The maternal great grandmother was restrained from allowing the mother to attend her home or the children to be in the unsupervised company of the mother or another named individual. The children were ordered to spend time with the paternal grandmother each alternate weekend, with restraints on her allowing the children to be in the unsupervised company of the father, paternal uncle, or in the company of the paternal grandfather at all. Further orders included restraints on the mother and father from approaching schools and the maternal great grandmother's residence, and prohibitions against denigrating other parties in the children's presence.