Redmond and Silk

This case concerned an application before Judge Terry regarding the living arrangements and parental responsibility for a child, X. The dispute involved the mother, Ms Redmond, and the father, Mr Silk, concerning the child's welfare and the nature of their future relationship.

The court was required to determine several legal issues, including the child's residence, parental responsibility, and the extent of time and communication the child would have with each parent. Crucially, the court had to consider the child's maturity, sex, and background, any family violence involving the child or family members, and the views of the child. The court also had to assess the nature of the relationship between the child and each parent, the extent to which each parent had supported the child, and their capacity to provide for the child's needs. The likely effect of any change in the child's circumstances and the practical difficulties and expense of the child spending time with a parent were also central considerations.

Judge Terry's reasoning focused heavily on the "additional considerations" under s.60CC(3) of the relevant legislation, particularly concerning family violence. The court found that the father had a history of violence, including assaults on his son C and the mother, and that his attempts to downplay these incidents were concerning. The court accepted evidence that the father posed a threat to others and that anger management courses had not prevented further violent behaviour. The court also considered the child's limited views, noting her expressed desire not to see her father, and her primary attachment to her mother. While acknowledging the father's efforts to maintain contact, the court concluded that there was an unacceptable risk of harm to the child if unsupervised time with the father were permitted.

Consequently, the court ordered that the child X shall live with the mother and that the mother shall have sole parental responsibility. The father was to have no time or communication with the child unless otherwise agreed in writing by the mother, who retained the final decision-making power and could require supervised time. The father was permitted to obtain school reports and photographs but not to attend school events without the mother's written agreement. The court also made orders regarding the registration of the child's birth, including the inclusion of Mr Silk as the father.