READDIE & KERMODE

This case concerned parenting orders made by Judge Harper in the Federal Circuit and Family Court of Australia. The parties, who had previously relocated to Queensland as a family unit, separated in Queensland. The mother then relocated to Sydney with the children, re-partnered, and subsequently moved to Town A. The parties had agreed that the children would live with their father in Queensland. The father alleged that the mother's new partner posed an unacceptable risk of harm to the children, citing allegations of family violence and misuse of firearms, and sought an injunction preventing the children from being left unsupervised with him. The court also considered the issue of the quantum of time the children should spend with the mother and their half-siblings, with all decisions to be made in the best interests of the children.

The primary legal issues before the court were whether the mother's new partner posed an unacceptable risk of harm to the children, and consequently, whether an injunction should be granted. The court was also required to determine the parenting arrangements for the children, specifically how much time they should spend with their mother and their half-siblings, in accordance with the best interests of the children. The court also had to consider the application of the rule in *Jones v Dunkel* concerning the mother's failure to call her new partner as a witness, and the weight to be given to video footage of police interviews with the children regarding alleged firearm misuse.

In determining the matter, Judge Harper applied the rule in *Jones v Dunkel*, drawing an adverse inference from the mother's failure to call her new partner as a witness. The court gave little weight to the video footage of the children's police interviews. Ultimately, the court discharged all previous parenting orders and made new orders. These orders established equal shared parental responsibility for long-term decisions regarding the children's care, welfare, and development, while each parent retained sole responsibility for day-to-day decisions concerning the children when in their respective care. The children were ordered to live with their father.

The court then set out detailed arrangements for the mother's time with the children. During Queensland school terms, the mother was permitted one weekend per calendar month with the children in Queensland, subject to specific notice requirements and exceptions for Father's Day. During Queensland mid-year school holidays, the mother was to spend the first ten days with the children in Town A. Easter break arrangements were also specified, and for the Christmas school holidays, the mother was to spend alternating halves of the holiday period with the children in Town A. The orders also stipulated financial responsibilities for travel and accommodation, communication protocols between parents and children, and obligations regarding information sharing, non-denigration, and the children's passports.