WYLIE & FALCONER (No.2)

This matter concerned parenting orders for two children, aged ten and eight. The court was required to determine the parenting arrangements following a trial where previous orders had been made for the children to live with the mother and spend five nights a fortnight with the father. Two significant issues from the prior trial were the father's alleged assault against one of the mother's older children and the father's tendency towards excessive physical discipline of children.

The court was required to consider renewed allegations concerning the father's physical discipline of one of the subject children, Y, and an allegation against the father's partner, Ms B. Territory Families investigated these allegations and concluded that while the incident of the father slapping Y had occurred, it was an isolated event and the child did not suffer particular harm. The court also noted the ongoing issue of the father's tendency to be excessively physical with children.

The court applied principles related to the best interests of the child, as outlined in section 60CC of the relevant legislation, and considered the presumption of equal shared parental responsibility under section 61DA. The court's reasoning focused on the findings of the investigation into the alleged slapping incident, which was deemed isolated and not causing significant harm. The court also had regard to the previous findings regarding the father's physical discipline of children. The matter was adjourned for mention on 10 February 2020, with parties expected to address the *Rice & Asplund* criteria to identify trial issues.