Sackes & Rumney

In the matter of *Sackes & Rumney*, Berman J of the Family Court of Australia considered parenting orders concerning a child, Y. The applicant father, Mr Rumney, sought the resumption of previous final parenting orders. The first respondent mother, Ms Sackes, sought sole parental responsibility for Y, that Y live with her, and that Y spend no time with the father. The Department of Communities and Justice and the Independent Children’s Lawyer both supported the mother’s application.

The court was required to determine whether the presumption of equal shared parental responsibility applied, and if so, whether it should be rebutted. Further, the court had to determine with whom the child should live and spend time, considering the child’s best interests, particularly in light of extensive allegations of family violence and the child’s views. The court also considered the role of the paternal grandmother and the father’s threats towards the family consultant.

Berman J applied the principles outlined in the *Family Law Act 1975* (Cth), including the paramount consideration of the child’s best interests under section 60CC. The court found that the presumption of equal shared parental responsibility was rebutted due to uncontested evidence of the father’s perpetration of serious and violent physical harm, establishing that he presented an unacceptable risk to the child. Significant weight was given to the child’s expressed wish to remain with the mother and spend no time with the father. The court also noted the father’s fixation on past events and his inability to support an ongoing relationship between the mother and child.

The court ordered the discharge of all former parenting orders. Ms Sackes was granted sole parental responsibility for Y, and Y was ordered to live with the mother. Y was ordered to spend no time with the father. Additionally, an injunction was granted restraining the mother from allowing Y to communicate with or spend time with the paternal grandmother, and the father was restrained from approaching Y’s residence, educational institution, or extracurricular activity venues.