WALLACE & MARRINER

In the matter of WALLACE & MARRINER, Judge Terry considered the parental responsibility and living arrangements for a child, X, born in 2018. The dispute concerned the extent of the father's involvement in the child's life, with the mother seeking sole parental responsibility and no time or communication between the father and the child, alongside protective injunctions. The father, who is Aboriginal, raised the benefit to the child of spending time with him and his culture.

The court was required to determine the primary considerations under section 68B of the *Family Law Act 1975*, namely the benefit to the child of having a meaningful relationship with both parents and the need to protect the child from physical or psychological harm, abuse, neglect, or family violence. Specifically, the court had to weigh the father's Aboriginality and the potential benefit of cultural connection against the significant risk of harm posed by the father's history of violence. The court also had to consider the child's maturity and background, including the mother's extensive allegations of family violence perpetrated by the father.

Judge Terry found that while children generally benefit from a relationship with both parents, the need to protect the child from harm was paramount. The court was satisfied, on the balance of probabilities, that the father had made threats to slit the mother's throat, which were not made in jest. The court also noted a history of violent behaviour by the father towards previous partners, including choking, punching, kicking, and smashing property, and found that the magnitude of the risk the father posed to the child was very high. The court concluded that the father tended to lose control and that the presence of a child during past assaults did not deter him.

Consequently, the court ordered that the mother have sole parental responsibility for the child, that the child live with the mother, and that the father spend no time with and have no communication with the child. Injunctions were granted under section 68B of the *Family Law Act 1975* to protect the child, restraining the father from removing the child from the mother's care, coming within 200 metres of the mother or child, or approaching or attempting to contact them except through a legal practitioner. These orders were to be read in conjunction with final orders made on 14 April 2021.