Tenney and Stiles

This case involved parenting orders concerning a child, [X], born in 2011. The dispute centred on the arrangements for [X]'s residence and contact with her parents. The matter was heard by Judge Terry.

The court was required to determine several legal issues, including the discharge of prior parenting orders, whether the parents should have equal shared responsibility for [X], and the specific living arrangements and time each parent would spend with the child. A significant issue was the mother's alleged association with individuals, Mr A and Mr B, and the potential risk this posed to [X]. The court also considered the need to protect [X] from physical or psychological harm, including exposure to family violence, and the benefit of [X] maintaining a meaningful relationship with both parents.

Judge Terry reasoned that while [X] would benefit from a meaningful relationship with both parents, the primary concern was protecting her from harm. The court found no evidence that the father denigrated the mother to [X] or undermined their relationship, despite acknowledging instances of rudeness and disrespect. Conversely, the court expressed concern about the mother's decision-making regarding her recent partners, citing a relationship with Mr A that led to police involvement and potential violence. The court was not convinced that the mother had adequately protected [X] from unsatisfactory partners or potentially violent situations. The father's parenting capacity was assessed as good, offering a stable home with support from his current partner and his parents. The father's commitment to [X]'s education and health, including her bowel issues, was noted positively.

The court ordered the discharge of all prior parenting orders. The parents were granted equal shared responsibility for [X]. The mother was restrained from allowing [X] to have contact with or communicate with Mr A and Mr B. [X] was ordered to live with the father, with detailed provisions for her time spent with the mother, including during school terms, holidays, and Easter. The orders also included provisions for communication between parents regarding [X]'s health and schooling, restrictions on denigration, and arrangements for passports and international travel. The father had enrolled in a men's behaviour change program, and [X] was to commence living with the father from 31 July 2019.