Wolleman and Wolleman

This case concerned parenting orders for two children, [X] and [Y], born in 2007 and 2011 respectively. The dispute was before Judge Terry. The father sought orders for the children to live with him and for him to have sole parental responsibility. The mother sought supervised time with the children.

The court was required to determine the best interests of the children, specifically considering the benefit of a meaningful relationship with both parents and the need to protect the children from harm, abuse, neglect, or family violence. Key issues included the mother's allegations of family violence against the father, the children's exposure to these allegations, the mother's parenting capacity, and the potential for the children to have a relationship with both parents. The court also had to consider the children's nationality and the mother's desire to take them to her non-Hague Convention country of origin.

The court reasoned that while most children benefit from a relationship with both parents, the orders sought by each party would severely limit this. The court found no evidence of the children being exposed to abuse, neglect, or family violence in the father's care. However, it identified a risk of psychological harm to [X] if she spent unsupervised time with the mother due to the mother's "fixed false belief" about the father's alleged abuse. The court noted the mother's past refusal to engage in supervised time with [Y] and concerns raised by a family consultant in 2015 regarding the mother's parenting style, including being not child-focused, dismissive, and not attuned to her children's needs. The court also considered the mother's actions in withholding the children and her psychologist's letter, which stated the children were in fear of the father, despite the absence of an apprehended domestic violence order.

The court ordered that all previous parenting orders be discharged. The children were to live with the father, who was granted sole parental responsibility. The mother was granted supervised time with [Y] for two hours per year in March, June, September, and December, supervised by a named organisation, with strict conditions to prevent her from denigrating the father or raising allegations of abuse with [Y]. The mother was restrained from approaching or communicating with the children, except for sending letters, cards, photographs, or gifts on specific occasions. The father was to facilitate the children sending similar items to the mother if they wished. The court also made orders regarding the children's communication with their brother [A], the parties' conduct towards each other in the children's presence, and the mother's access to school reports and photographs. Crucially, the mother and the children were restrained from leaving the Commonwealth of Australia, with a request for the Australian Federal Police to place their names on the Watch List for five years.