WAFULA & BATLEY

In the matter of *Wafula & Batley*, the Family Court of Australia was required to determine parenting orders concerning the child, X. The mother sought orders for X to live with her, with only three hours of supervised time annually with the father. She alleged family violence and rape by the father during their relationship and expressed a fear of suicide if unsupervised time was ordered. The father sought a change of residence for X to live with him and denied the allegations of family violence and rape, instead asserting the mother was psychiatrically unwell and X was at risk of psychological abuse in her care. The parties separated when X was less than six weeks old, and the father had only had supervised time with X.

The central legal issues before the Court were: (1) with whom X should live, and (2) whether the father should have sole parental responsibility. These determinations were to be made in accordance with the paramount consideration of X's best interests. The mother withdrew from the proceedings on the twenty-seventh day of the final hearing.

Macmillan J reasoned that the mother's withdrawal from the proceedings significantly impacted the Court's ability to assess her capacity to care for X and her allegations. Given the mother's withdrawal and the father's willingness to facilitate communication between X and the maternal grandparents, the Court made orders for X to live with the father and for the father to have sole parental responsibility. The child's time with the mother was reserved, and various orders were made to facilitate communication between the parents regarding X's health and education, and to protect X, including restraints on the mother and her family attending near the father's home.