Rogers and Mooney

In the matter of Rogers and Mooney, heard before Judge Terry, the dispute concerned parenting orders for five children. The mother sought orders for the children to live with her and have sole parental responsibility, with no time or communication with the father. The father sought orders for the children to spend time with him.

The court was required to determine the best interests of the children, with a primary focus on the need to protect them from physical or psychological harm, abuse, neglect, or family violence, as mandated by section 60CC(2A) of the *Family Law Act 1975*. This protection consideration was to be prioritised over the benefit of the children having a meaningful relationship with each parent. The court also had to consider the children's maturity, sex, and background, the extent to which each parent had taken opportunities to spend time with or be involved in decision-making about the children, the likely effect of any change in circumstances, and the practical difficulties and expense of spending time with a parent.

Judge Terry reasoned that a meaningful relationship with the father would be detrimental to the children if he remained in denial about past family violence, denigrated the mother, and failed to accept responsibility for his actions. The court found a risk of the children being exposed to family violence and violence in a broader sense if they spent time with the father, noting his history of being out of control and the fact that the children had been exposed to violent incidents. The court also considered the father's limited understanding of W's autism and his poor attitude towards parental responsibilities, including his initial opposition to the mother's relocation.

The court ordered that the children live with the mother and that she have sole parental responsibility. The children were to spend no time with and have no communication with the father. Furthermore, pursuant to section 68B of the *Family Law Act 1975*, an injunction was granted restraining the father from removing the children from school, day care, extra-curricular activities, or the care of any person with whom the mother had placed them.