Woodrow & Maulson

In the matter of *Woodrow & Maulson*, Austin J of the Family Court of Australia considered parenting orders concerning two children, L and M. The dispute arose in the context of significant family violence between the parents, with family violence orders previously issued against the father for the mother's protection. The children had also been exposed to their parents' illicit drug use and mental ill health. The mother withdrew from the proceedings, and the department did not intervene.

The court was required to determine with whom the children should live and spend time, and the nature of parental responsibility. Key issues included the presumption of equal shared parental responsibility, which the court considered whether to displace, and the weight to be given to unsubstantiated allegations of child sexual abuse made against the father. The court also had to assess the parents' respective capacities and commitment to fulfilling their parental responsibilities, particularly in light of their past conduct and attitudes.

Austin J found that the presumption of equal shared parental responsibility was not to apply due to the parents' deficient attitudes towards their children and the responsibilities of parenthood, the mother's lack of commitment and withdrawal from the children's lives, and the father's demonstrated willingness to facilitate the children's relationship with the mother. While unsubstantiated allegations of child sexual abuse were accorded little weight, the mother's parenting proposal was deemed inconsistent with these allegations. The court concluded that the father had demonstrated a commitment to the children's welfare and their relationship with the mother, including a willingness to travel significant distances.

Consequently, the court ordered that the father have sole parental responsibility for the children, and that the children live with the father. The mother was granted supervised time with the children for three hours each month, to be facilitated by a contact centre. The court also made orders regarding communication between the mother and children, and imposed restraints on denigration and corporal punishment. Further orders addressed notification of medical emergencies, access to school reports, and the parties' obligation to enrol in a post-separation parenting program.