Thomas and Hughes & Anor

This matter concerned applications by the father, the mother, and the maternal aunt regarding the parental responsibility, residence, and time arrangements for two children, B and C. The proceedings were heard in the Family Court of Australia by Cleary J. The dispute arose in the context of significant family violence, the mother's illicit drug use, and a serious sexual abuse incident involving the mother's then-partner and the older child.

The court was required to determine several key issues. These included whether the father should have sole parental responsibility for the children, with whom the children should live, and the nature and extent of time the children should spend with their mother. Additionally, the court considered the application by the maternal aunt for an independent relationship with the children and the implications of past family violence and child abuse on the future arrangements.

Cleary J ordered that the father have sole parental responsibility for the children, noting the lack of prospect for consultation and communication between the parents on long-term issues, while acknowledging the father's ability to advise on such matters. The court found that the children should live with the father, giving considerable weight to the children's wishes to remain with him, and noting his demonstrated capacity to meet their needs after two and a half years of primary care. Regarding time with the mother, the court acknowledged her past risks due to negligent care and unsuitable partners, but also her capacity for adequate care and loving engagement. The court determined that the benefits of supervised time outweighed the risks, ordering unsupervised time with the mother on nine occasions per year for six hours each visit. Crucially, the mother was restrained from bringing the children into contact with any person with whom she may be in a domestic relationship without the father's prior written consent, a measure stemming from the prior sexual abuse incident. The maternal aunt's application was dismissed, as the court found her interference was not helpful to the children.

The final orders reflected these determinations, including specific provisions for communication, changeovers, and restraints on conduct to protect the children from parental conflict and derogatory remarks. The father was also directed to arrange for the children to meet with the Independent Children's Lawyer to explain the orders.