WALDMAN & WALDMAN

In the matter of *Waldman & Waldman*, Judge Lapthorn of the Family Court of Australia considered parenting orders concerning two children. The dispute arose in circumstances where the father had been found guilty of the attempted murder of the mother, and the mother had participated in proceedings via video link due to serious allegations of family violence.

The court was required to determine whether the presumption of equal shared parental responsibility applied, given the findings of family violence. Additionally, the court had to consider the appropriate method for the father to cross-examine the mother, given the sensitive nature of the allegations and the mother's participation by video link. The court also had to determine the specific parenting arrangements, including the extent of time the children would spend with each parent and the nature of any communication between the children and the father.

Judge Lapthorn found that the presumption of equal shared parental responsibility was not applicable due to the father's conviction for attempted murder of the mother, which constituted family violence. The court reasoned that it was not in the best interests of the children to have any time with the father, given the extreme violence perpetrated against their mother. The court also determined that direct cross-examination of the mother by the self-represented father was not permissible, and instead, any questioning would be filtered through the judge.

Consequently, the court discharged all previous parenting orders. The children were ordered to live with the mother, who was granted sole parental responsibility. The children were to spend no time with the father. The father was permitted to communicate with the children through written correspondence on specific occasions, and potentially via Facetime or Skype if the children wished, subject to the mother's perusal of written communications and the father not denigrating the mother during any electronic communication.