Wyona and Cartwright & Anor

The case of *Wyona and Cartwright & Anor* involved a dispute concerning the living arrangements and parental responsibility for three children. The Secretary of the Department of Family and Community Services intervened in the proceedings and assumed parental responsibility for the children. The mother sought orders for the children to live with her and for the father to have no contact, while the father made an oral application for an adjournment.

The court was required to determine the best interests of the children, specifically with whom they should live and spend time. This involved assessing the meaningful relationships the children had with both parents, the impact of family violence, and the father's mental health. The court also considered the mother's need for respite from court proceedings and the father's application for an adjournment of a five-day trial.

Cleary J found that the children had meaningful relationships with both parents, but the father's provisional diagnosis of Paranoid Delusional Disorder, his lack of insight into his mental health, and his focus away from the children's needs presented an unacceptable risk of harm. Consequently, the court ordered that the children live with the mother and have no time or communication with the father. The father was also restrained by injunction from approaching the mother or the children. The mother was granted sole parental responsibility for 12 months, subject to the supervision of the Department. The father was restrained from filing further proceedings without leave of the Court.