Santanna and Santanna & Anor; (No 2)

This case involved Ms Santanna (the applicant mother) and Mr Santanna (the first respondent father), concerning their thirteen children, six of whom were under 18 and the subject of the proceedings. Allegations of family violence by the father and older siblings, as well as the father's abusive and controlling behaviour, were central to the dispute. The Department of Family and Community Services intervened due to concerns for the children's welfare. The court was required to determine parental responsibility and residence arrangements for the subject children, considering the mother's history of experiencing long-term family violence from the father and the father's previous attempts to alienate the children from her.

The court was required to determine the appropriate parenting orders, including the allocation of parental responsibility and residence for the six subject children. This involved considering the impact of family violence and the father's behaviour on the children and the mother. The court also had to address the father's non-appearance in the proceedings, which led to orders being made on an undefended basis, with the father's previous application having been dismissed and the current orders being made by consent of all other parties.

Cleary J applied principles of the *Family Law Act 1975* (Cth), including sections relating to parental responsibility and the best interests of the child. The court's reasoning focused on ensuring the safety and well-being of the children, particularly in light of the established family violence. Orders were made discharging previous parenting orders and removing the children from the Airport Watch List. The mother was allocated sole parental responsibility and residence for four of the subject children, with specific provisions for their contact with the father and older siblings managed by the Department of Family and Community Services. The Department retained parental responsibility for one child for a six-month period, after which it would revert to the mother, again with restrictions on contact with the father and older siblings. The paternal uncle was allocated sole parental responsibility and residence for another child, with specific consultation requirements with the mother. Injunctions were also granted restraining the father from contacting the children or entering their places of residence or education, and from approaching or contacting individuals caring for the children.