WILKES & TRACEY

This case concerned a dispute between a father and mother regarding the parenting arrangements for their two children, B and C. The father had abandoned his application concerning the eldest child, B, at the commencement of the trial, meaning the dispute narrowed to the youngest child, C. The court was required to determine the living arrangements and parental responsibility for both children, considering the best interests of C.

The primary legal issues before the court were: (1) the living arrangements and parental responsibility for the eldest child, B; (2) the living arrangements and parental responsibility for the youngest child, C, including whether the presumption of equal shared parental responsibility applied; and (3) the specific orders necessary to protect C's best interests, particularly in light of potential risks identified in the evidence.

Austin J found that the eldest child, B, should live with the mother and that the mother should have sole parental responsibility for her. For the youngest child, C, the court determined that the presumption of equal shared parental responsibility did not apply due to evidence of family violence. The court found that C had meaningful relationships with both parents but was at risk of harm from sexualised behaviours by his maternal cousins, whose grandparents were dismissive of such risks and endorsed the mother's negative views of the father. The court reasoned that C's relationship with his father would likely be damaged if he lived with the mother. Consequently, the court ordered that C live with the father, who was to have sole parental responsibility, subject to ensuring C's awareness and education about his Indigenous heritage. The mother was granted specific time with C, and an injunction was issued restraining the mother from allowing C to be in the company of his maternal grandparents or cousins. Further orders addressed communication, geographical restrictions, and the prevention of denigration between the parents.