Pettit and Anor and Fairs and Anor

This case involved competing applications concerning the parenting of two children, aged fifteen and thirteen. The Father and Step-Mother sought equal shared parental responsibility, alleging emotional and physical abuse of the children by the Mother and Step-Father. Conversely, the Mother and Step-Father sought sole parental responsibility, with the children living with them and no time or communication with the Father and Step-Mother, asserting the children were at serious risk of emotional harm if they spent time with the Father and Step-Mother. The matter was heard by Judge Bender.

The court was required to determine the primary parenting orders for the children, specifically regarding parental responsibility, living arrangements, and the nature and extent of any time or communication between the children and the Father and Step-Mother, in light of the serious allegations made. Additionally, the court considered contravention and contempt applications filed by the Father against the Mother, and an application by the Mother for the proceedings to be declared vexatious.

Judge Bender ordered that the Mother retain sole parental responsibility for the children, who were to live with her and the Step-Father. Crucially, the court prohibited any time or communication between the children and the Father and Step-Mother, save for limited, vetted written communication (letter, card, or gift) once per month and on specific holidays, to be facilitated by the Mother. The children were permitted to spend time with their step-siblings on a monthly basis, with specific arrangements for supervision and a prohibition on electronic communication. The Father's contravention applications were dismissed due to insufficient evidence, and his contempt application was dismissed as the Mother was found to have had a reasonable excuse for any breaches. The Mother's application for the proceedings to be declared vexatious was also dismissed.