Wells and French

In *Wells & French* [2011] FamCA 901, the Family Court of Australia considered parenting orders sought by the applicant mother, Ms Wells, in relation to her three children, B, C, and D, against the respondent father, Mr French. The proceedings were heard on an undefended basis, with the father having been served but failing to appear. The mother sought orders for the children to live with her, for her to have sole parental responsibility, including the authority to apply for passports and permit international travel, and for the father's time and communication with the children to be solely determined by her, subject to expert advice.

The central legal issues before the Court were whether to grant the mother sole parental responsibility for the children, with whom the children should live, and the nature and extent of any time the children would spend with or communicate with their father. The Court was required to determine these matters in accordance with the objects and principles of the *Family Law Act 1975* (Cth), particularly the paramount consideration of the best interests of the children, while also considering factors such as the need to protect children from harm and the importance of both parents having a meaningful involvement in their lives where consistent with their best interests.

Justice Benjamin applied the principles of the *Family Law Act*, noting the children's entitlement to know their parents provided it was safe to do so. Given the history of family violence, including a violent crime committed by the father resulting in his incarceration and a family violence order, the Court found that the presumption of equal shared parental responsibility did not apply. The Court was satisfied that the mother had demonstrated a strong capacity to meet the children's needs and had acted in a child-centred manner, whereas the father's conduct had been self-centred. Consequently, the Court made orders granting the mother sole parental responsibility and sole residence of the children. The Court also ordered that the mother solely determine the children's time and communication with the father, with specific, limited contact arrangements outlined, and restrained the father from approaching the children or their school or residence except as permitted by the mother or a written agreement. The mother was also granted the authority to relocate the children within Australia and to apply for passports.