Sirola and Sirola & Anor (No 3)

In *Sirola and Sirola & Anor (No 3)*, McClelland J of the Family Court of Australia considered parenting orders concerning two children. The dispute involved the mother seeking orders for the children to spend no time with the father or the paternal grandmother, while the father and paternal grandmother sought time with the children.

The court was required to determine whether the presumption of equal shared parental responsibility applied, and if not, what parenting orders were in the best interests of the children, specifically whether they should spend any time with the father or the paternal grandmother. The court also had to consider the implications of family violence, the father's mental health, his oppositional behaviour, and his denigration of the mother to the children.

McClelland J found that the father had engaged in family violence and that there were serious concerns regarding his mental health and oppositional behaviour. The court noted that the father had breached previous orders suspending his time and communication with the children and that he was unrestrained in his denigration of the mother. The single expert had also expressed suspicion that the father could be dangerous. Consequently, the court concluded that the children would be exposed to an unacceptable risk of physical and/or psychological harm if they were to spend time with the father. The paternal grandmother was found to be unable to recognise the risk the father presented and would be unable to prevent him from contacting the children.

The court ordered that the mother have sole parental responsibility for the children, that the children live with the mother, and that the children spend no time with and have no communication with the father. The father was restrained from attending the children's school and from assaulting, molesting, harassing, stalking, or intimidating the mother, or attending near her home or workplace. The father was also restrained from applying for or holding passports for the children or removing them from Australia. The mother was permitted to change the children's residence and travel overseas with them without the father's consent. The paternal grandmother and step-paternal grandfather were permitted to communicate with the children by sending letters, cards, and gifts, with the mother to facilitate this and to inspect the correspondence. Costs orders were made against the paternal grandmother and the mother and father.