SALLER & DANELL

In Saller & Danell, heard by McClelland J, the court was required to determine parenting arrangements for two children, B and C, in circumstances where the mother alleged serious family violence by the father, including violence towards her and sexualised conduct towards the children, and questioned his conduct in taking inappropriate photos of them. The court also considered the existence of a meaningful relationship between each parent and each child, and whether the presumption of equal shared parental responsibility applied.

The court's reasoning involved a careful assessment of the credibility of the witnesses and the evidence presented regarding the allegations of family violence and inappropriate conduct. The primary consideration was the best interests of the children, and the court was required to determine if there was an unacceptable risk of harm to them. The court ultimately found that the presumption of equal shared parental responsibility did not apply in this case.

The court ordered that all previous parenting orders be discharged and that the mother have sole parental responsibility for the children, with the children to live with her. The father was granted supervised time with the children, with the nature and duration of this supervision to change over time as the younger child approached the age of 10. The orders also included specific restraints on both parents, including prohibitions against denigrating the other parent, discussing proceedings in the children's presence, using physical discipline, and the father taking photos of the children in a state of undress or consuming alcohol when in their care. The court also made detailed orders regarding property division, including the transfer of properties and payment of sums between the parties.