Tome & Tome

This case concerned parenting orders between Mr. Tome (the applicant father) and Ms. Tome (the respondent mother) regarding their two children, X and Y. The dispute involved allegations of family violence by the father, the mother's significant anxiety, and a contentious issue regarding the use of a particular forename for the eldest child. An Independent Children's Lawyer (ICL) was appointed to represent the children's interests.

The court was required to determine several key issues. Firstly, it needed to assess whether equal shared parental responsibility was in the best interests of the children, given the history of family violence and the mother's concerns. Secondly, the court had to consider the appropriate arrangements for the children's time with the father, including the cessation of professional supervision and the gradual extension of contact. Thirdly, the court was tasked with resolving the dispute over the use of an alternate forename for the eldest child, and whether the mother's wilful disobedience of previous orders prohibiting its use should be overridden.

In its reasoning, the court found that the father had taken appropriate steps to address his past behaviour, evidenced by his frank admissions, engagement in therapy, and the absence of violence since separation. The court considered the additional factors under section 60CC(3) of the *Family Law Act 1975*, including the children's relationships with both parents and other family members, and the father's capacity to provide for the children's needs. The court determined that equal shared parental responsibility was in the children's best interests, and that their time with the father should be extended gradually, initially with the presence of the paternal grandmother. Regarding the use of the alternate forename, the court concluded that permitting its continued use was in the children's best interests, despite the mother's wilful disobedience of prior orders.

The court made orders discharging previous parenting orders and establishing equal shared parental responsibility, with the children to live with the mother. The father's time with the children was to be extended gradually, commencing with supervised time by the paternal grandmother and progressing to unsupervised time. The court also made specific orders regarding the use of forenames for the eldest child, allowing both parents to use their preferred forenames and restraining them from correcting the children in relation to their name usage. Orders were also made for written submissions concerning the costs of the Independent Children's Lawyer.