RAINALDO & RAINALDO

The case of *Rainaldo & Rainaldo* concerned an application by the mother for final parenting orders regarding her two children. The father had discontinued his own application for final orders. The mother's case was that the children had disclosed being physically abused by the father during his care. She sought findings that the father had physically abused the children and posed an unacceptable risk of physical and psychological harm to them. Consequently, the mother sought orders for sole parental responsibility, that the children live with her, and that they have no time or communication with the father. The Independent Children's Lawyer supported the mother's application. The court was presided over by Hannam J.

The central legal issues before the court were whether the father had physically abused the children, whether he posed a serious risk of harm to them, and what parenting orders were in the best interests of the children, including the extent of the father's future involvement and the mother's ability to travel internationally with the children without the father's consent. The court was also required to consider the appropriateness of granting injunctions to protect the mother and children from the father.

Hannam J found that the evidence corroborated the mother's allegations of physical abuse by the father and that he posed serious risks of harm to the children. Applying the principles of the *Family Law Act 1975* (Cth), particularly concerning the best interests of the children and the protection of children from harm, the court made positive findings against the father. The court concluded that it was in the children's best interests to make orders in the terms sought by the mother.

The court ordered the discharge of all prior parenting orders. The mother was granted sole parental responsibility for the children, and the children were ordered to live with her. The father was ordered to have no time and no communication with the children. Injunctions were granted pursuant to section 68B of the *Family Law Act 1975* (Cth), restraining the father from contacting or approaching the children, attending near their residence or schools, or making social media posts about them, commencing upon the expiry of an existing apprehended domestic violence order. The children were permitted to travel internationally without the father's consent, with the mother having sole parental responsibility for passport applications. The father was ordered to deposit the child Y's Australian passport with the court registry.