WICKHAM & WICKHAM

In the matter of *Wickham & Wickham*, heard before Judge Harman, the dispute concerned parenting orders for a child, X. The respondent father sought equal time and equal shared parental responsibility. However, the proceedings were undefended by the father, and the court was required to consider allegations of family violence, specifically coercive controlling behaviour and abuse, which raised concerns about an unacceptable risk to the child.

The court was tasked with determining the appropriate parenting arrangements for X, considering the allegations of family violence and the father's failure to appear or defend the proceedings. A key issue was whether the existing parenting orders should be discharged and what new orders, if any, should be made in light of the circumstances. The court also had to consider the implications of the father's non-attendance on the notice of court events and orders sought.

Judge Harman reasoned that the father's absence and the serious allegations of family violence meant that it was not in X's best interests to make orders for equal shared parental responsibility or equal time. The court found that there was an unacceptable risk to X if the father were to have significant time with the child or shared responsibility. Applying the principles of the *Family Law Act 1975*, particularly concerning the paramountcy of the child's welfare and the protection of children from harm, the court made orders that discharged all prior parenting orders.

The court ordered that the mother, Ms Wickham, have sole parental responsibility for X, and that X live with her. The father's time with X was to be at such times and upon such terms as agreed between the parents, and not otherwise. Crucially, pursuant to section 68B of the *Family Law Act 1975*, the father was restrained from taking X into his care, removing X from his mother's care, or removing X from the care of any other person or institution to which the mother had enrolled or delivered X, except for agreed time with X. All outstanding parenting applications and responses were dismissed, though property adjustment issues remained.