Wallace and Rimmington

This case concerned an application before Moore J regarding the parenting arrangements for six children. The dispute centred on the father's use of physical force in disciplining the children, which had led to concerns for their welfare and safety. The mother sought orders that the children live with her and that the father be restrained from using physical force.

The court was required to determine the primary residence of the children and the extent to which the father should have contact with them, given the allegations of physical discipline. A key issue was whether the father's undertaking not to use physical force and his attendance at a parenting course would sufficiently mitigate the risks to the children, thereby allowing for supervised and eventually unsupervised time with him. The court also considered the ongoing role of an independent children's lawyer.

Moore J ordered that the six children live with their mother. The father was required to provide a written undertaking not to use any form of physical force on any of the children and was restrained by injunction from doing so. Contact between the father and the younger children was to commence under supervision, with provisions for alternative supervision arrangements if necessary. This supervised contact was to be suspended if further allegations of physical force arose, requiring the matter to be relisted. The orders then outlined a phased approach to unsupervised contact, contingent on the father's compliance with the undertaking, attendance at a parenting course, and the absence of further allegations of physical force. The appointment of an independent children's lawyer was continued for a further year.