Raben and Maddocks

This case concerned parenting orders for a child, X, born in 2015. The dispute was between the child's mother and father, and the decision was made by Judge Terry. The court was required to determine the living arrangements for the child, parental responsibility, and the extent of contact between the child and each parent.

The court was tasked with considering several primary considerations, including the benefit to the child of a meaningful relationship with both parents and the need to protect the child from harm, abuse, neglect, or family violence. The judge also had to have regard to the child's maturity, sex, background, and any other particular matters, including the child's Aboriginal heritage and the importance of spending time with family who share that heritage. The court also considered issues of family violence, the father's behaviour post-separation, his remorse (or lack thereof), and his capacity to provide for the child's needs. The financial support of the child was also a factor.

The court found that while generally a meaningful relationship with both parents is beneficial, the father's behaviour posed a high risk of undermining the child's relationship with the mother and potentially exposing the child to family violence. The father's lack of remorse for his actions, his blaming of others, and his abusive tirades towards the mother, even in the child's presence, were significant concerns. The court also noted the father's concerning attitude towards child support payments. Given these factors, the court determined that the child's best interests were served by the mother having sole parental responsibility and the child living with her, with no time or communication with the father.

Consequently, the court ordered that all previous orders be discharged. The child X was to live with the mother, and the mother was to have sole parental responsibility. The father was ordered to spend no time and have no communication with the child.