REDFORD & REDFORD

In the matter of REDFORD & REDFORD, Austin J of the Family Court of Australia considered an application by the father seeking to reverse the children's residence from the mother. The father alleged an unacceptable risk of physical and sexual harm to the children while in the mother's care.

The court was required to determine whether the mother posed an unacceptable risk of harm to the children, and consequently, whether the existing orders for equal shared parental responsibility and the children living with the mother should be altered. The court also considered the parties' ability to consult on matters concerning the children.

Austin J found no evidentiary basis to support the father's allegations of risk posed by the mother, noting a lengthy history of complaints made by the father that had previously been found unreliable. The judge concluded that the father's conduct called into question his judgment and insight. Consequently, the court ordered that the children live with the mother and that the mother have sole parental responsibility, as the parties were unable to consult courteously on important matters. The father was granted supervised time with the children, and orders were made restraining him from approaching the mother's residence or the children's schools, and from denigrating the other parent.