Turnley and Gibb

This matter concerned parenting orders for a child, B, born in 2006, involving the child's mother and father. The court, presided over by Johnston J, was required to determine the most appropriate parenting arrangements for B, considering the child's welfare and safety. The proceedings also involved the Independent Children's Lawyer and, significantly, the Department of Family and Community Services, which was requested to consider intervening due to concerns about the child's exposure to family violence.

The central legal issues before the court were to establish a parenting regime that prioritised B's safety and well-being, particularly in light of findings of family violence within the father's household. This involved determining with whom B would live, the extent of time B would spend with each parent, and the conditions and safeguards necessary to manage the risks identified. The court also had to consider the roles and responsibilities of both parents in ensuring B's welfare, including their participation in therapeutic interventions and their communication regarding B's needs.

Johnston J discharged all existing parenting orders and made new orders placing B to live solely with the father, with specific, limited time with the mother. These orders were contingent on significant therapeutic interventions for both parents. The father was ordered to attend therapy for anger management and to gain insight into his contribution to family conflict, while the mother was to continue attending a domestic violence counsellor. The court also mandated counselling for B and required both parents to facilitate their and B's participation in therapy. Crucially, the mother was restrained from allowing B any contact with a Mr C Turnley, and both parents were prohibited from exposing B to family violence or making derogatory remarks about each other in B's presence. The court also directed that a copy of the reasons and orders be forwarded to the Department of Family and Community Services for their urgent consideration of intervention.