POWELL & KILPATRICK

In the matter of POWELL & KILPATRICK, Tree J considered parenting orders concerning a child, M. The dispute centred on the living arrangements and parental responsibility for M, with the court ultimately determining the mother posed an unacceptable risk of harm to the child.

The court was required to determine the best interests of the child, specifically with whom M should live, who should have parental responsibility, and the extent of any time or communication the mother should have with M. A key issue was whether the mother represented an unacceptable risk of harm to the child, a determination requiring positive satisfaction to the requisite standard, acknowledging the gravity of such a finding.

Tree J found that the mother had assaulted the child and exhibited anger issues. Coupled with her disengagement from the proceedings for a period of six months, the court was satisfied that the mother represented an unacceptable risk of harm. Consequently, the court ordered that M live with the father and that the father have sole parental responsibility. The mother was restrained from spending time with or attempting to communicate with M, except for limited contact on M's birthday and Christmas, with the father permitted to intercept and review any such communication. The mother was granted liberty to apply to discharge or vary these orders within three months.