Pullman and Pullman (No 2)

In *Pullman & Pullman (No 2)*, the Family Court of Australia considered applications concerning the parenting of two children, M and S. The father, Mr Pullman, sought sole parental responsibility and orders for the children to live with him, while the mother, Ms Pullman, had sought interim orders to allow her to undergo psychotherapy. The court was required to determine the best interests of the children, including issues of parental responsibility, residence, and time spent with each parent, in circumstances where allegations of family violence and sexual assault had been made and a diagnosis of borderline personality disorder had been made in relation to the mother.

The court was tasked with determining with whom the children should live and spend time, and whether the presumption of equal shared parental responsibility should apply. Key considerations included the risk of harm to the children in the care of either parent, the ability of each parent to encourage positive relationships between the children and the other parent, and the mother's capacity to meet the children's emotional needs. The court also had to assess the mother's expressed intention to undergo psychotherapy and whether any orders should be made on an interim or final basis.

Justice Austin found that the father had not committed family violence and that there was no unacceptable risk of harm to the children in his care. The court determined that it was not in the children's best interests to apply the presumption of equal shared parental responsibility due to the parties' inability to communicate effectively. The court noted that the children had already benefited from an interim change of residence to live with the father and that the mother posed a risk of psychological harm to the children. Consequently, the court made final orders granting the father sole parental responsibility, with the children to live with him. The mother was granted supervised time with the children once a month, with specific restrictions on her contact with them and their residences. The court also noted the mother's intention to seek psychotherapy and granted her leave to provide relevant court documents to her treating professionals. The court also addressed the potential inconsistency between its orders and an existing interim apprehended violence order.