Sandall and Girty

In the Family Court of Australia, Ms Sandall (the applicant mother) sought final parenting orders concerning her two young children, E and N, against Mr Girty (the respondent father). The proceedings had a lengthy history, originating in 2008, and were complicated by the father's incarceration following his conviction in 2011 for two counts of rape against the mother. The father had consistently failed to comply with court directions and file material in the proper form, despite opportunities to do so.

The central legal issues before the court were whether to discharge previous parenting orders and, in the best interests of the children, to make final orders granting the mother sole parental responsibility, stipulating that the children live with her, and that there be no contact between the children and the father, nor between the father and the mother. The court was required to consider the provisions of the *Family Law Act 1975* (Cth), particularly section 60CC, which outlines the considerations for determining the best interests of a child, with a specific emphasis on the need to protect children from harm.

Justice Kent reasoned that the father's conviction for serious offences against the mother, his continued incarceration, and his lack of remorse or acknowledgment of his offending, as evidenced by his correspondence, weighed heavily against any order for contact. The court noted that the father had not established a meaningful relationship with the children since 2011 and that his criminality had significantly impacted the mother. Applying section 60CC of the Act, the court gave greater weight to the need to protect the children from harm, finding that the father's circumstances and past conduct meant that no contact was in the children's best interests. The court also acknowledged that the father would be entitled to bring further proceedings upon his release from prison if circumstances changed.

Consequently, the court ordered the discharge of all previous parenting orders. The mother was granted sole parental responsibility for the children, who were to live with her. The orders stipulated that the children have no contact with the father, and the father have no contact with the mother. All other outstanding applications were removed from the pending cases list, and the Independent Children's Lawyer was discharged.