UNWIN & UNWIN

The case of *Unwin & Unwin* concerned an application by the mother to vary final parenting orders made in 2014, which had established that the children would live with the father and he would have sole parental responsibility. The parties and children had been involved in litigation since 2013. The mother sought to expand the time she spent with the children, but not to alter residence or parental responsibility.

The court was required to determine the best interests of the children in light of new information and the mother's conduct. Specifically, the court had to consider disclosures made by the younger child regarding sexual abuse by her older maternal half-brother, which had been investigated and substantiated by the Department of Family and Community Services. The court also had to assess the mother's dismissive attitude towards these allegations, her potential disregard for previous court orders, and her issues with alcohol abuse, all of which raised concerns about the children's safety. The eldest child's adamant refusal to see the mother was also a significant factor.

Cleary J reasoned that the safety of the children was paramount and that the mother was unable to act protectively in their best interests. The court found that the level of risk for the children had escalated due to the further disclosures and the mother's dismissive attitude, and that the father had not coached the children. The court concluded that unsupervised time with the mother posed an unacceptable risk of harm.

Consequently, the court varied the 2014 orders to provide for the children to spend supervised time with the mother on four occasions per year. The mother was also permitted to attend school events involving the younger child, subject to certain conditions. The mother was restrained from bringing other persons with her to these events without the father's written consent.