TOLNEY & TOLNEY

This matter concerned a parenting dispute before Judge Burchardt regarding three young children. The dispute involved allegations of the mother assaulting the children, which the court did not accept, and the father withholding the children due to concerns about bruising. The mother had a history of mental ill health but had historically been the primary carer. The Independent Children’s Lawyer sought orders for the children to live primarily with the mother.

The court was required to determine the best interests of the children in light of the parents' respective histories and current circumstances. Key issues included the mother's mental health, the father's actions in withholding the children, and the father's capacity to facilitate and encourage the children's relationship with the mother. The court also had to consider the impact of parental conflict and denigration on the children.

Judge Burchardt reasoned that while the mother had a history of mental ill health, she was to continue to receive medical and psychological support. The court found that the father was unable to facilitate and encourage the children's relationship with the mother, a crucial factor in determining the children's best interests. Consequently, the court ordered that the children live with the mother, with equal shared parental responsibility and specific time and communication arrangements for the father. The court also made extensive injunctions to protect the children from corporal punishment, parental conflict, family violence, denigration, and the discussion of proceedings. Further orders mandated the parents to attend parenting programs and continue with psychological counselling.