Poynton and Poynton (No 2)

This case concerned parenting orders made by Benjamin J in the Federal Circuit Court of Australia concerning two children, E and B. The proceedings involved a dispute between the parents, Ms Poynton (the Mother) and Mr Poynton (the Father), regarding the residence, parental responsibility, and time spent with the children. Consent orders were made in relation to the eldest child, E, including that she live with the Mother and have sole parental responsibility, and spend time with the Father in accordance with her wishes.

The court was required to determine parenting orders for the youngest child, B, in circumstances of significant parental conflict and allegations of family violence. Key issues included with whom B would live, the extent of time B would spend with each parent, and the nature of their communication. The court also had to consider whether the presumption of shared parental responsibility was rebutted in light of the circumstances.

Benjamin J applied the paramount consideration of the best interests of the child. The court found that the presumption of equal shared parental responsibility was rebutted due to the conflictual relationship between the parents and the allegations of family violence. The court made orders for B to live with the Mother and for the Mother to have sole parental responsibility, with specific provisions for the Mother to consult with the Father on significant decisions. The court also made detailed orders regarding B's time with the Father, communication arrangements, and the facilitation of the children's relationship with each other. Injunctions were also made restraining the Mother from allowing B to live with or contact a Mr C for a specified period, unless recommended by a family therapist.

The court discharged all previous parenting orders and made detailed consent orders regarding E and determined orders regarding B. These orders included provisions for B to live with the Mother, specific time arrangements with the Father, and communication protocols. The court also made orders for counselling for B and the Mother, and restrained both parents from denigrating each other in the presence of the children. The father was also restrained from approaching or contacting B for a specified interim period.