QUINCY & ROBERTS

In the matter of Quincy and Roberts, heard by Cronin J, the dispute concerned the living arrangements and contact arrangements for two children, K and S. The mother sought orders regarding parental responsibility and the children's residence, while the father had filed a response. The case involved allegations of family violence impacting the parent-child relationship and the father's understanding of his parenting responsibilities, set against a tragic background.

The court was required to determine the paramount consideration of the children's best interests in establishing their residence and the extent of parental responsibility. Crucially, the court had to consider whether to permit any contact between the father and the children, particularly in light of the family violence and the father's limited understanding of parenting. The court also had to consider the implications of existing Domestic Violence Restraining Orders.

Cronin J ordered that the mother have sole parental responsibility for both children and that they live with her. The father was restrained by injunction from spending any time with or communicating with the children. This injunction was to remain in place even if the Domestic Violence Restraining Orders were discharged, although the father was permitted to send age-appropriate gifts and letters to the children through the mother. The court also made orders regarding therapy for the mother and discharged the appointment of an Independent Children’s Lawyer. The mother's application and the father's response were otherwise dismissed.