Zammit & Zammit

In this matter before the Federal Circuit Court of Australia, the parties were the mother and father of two children, C and P. The mother sought to discontinue overnight time with the father, while the father sought an increase in his time with the children. The proceedings also involved allegations of past child abuse, which the mother had previously raised with State child protection authorities.

The court was required to determine the parenting arrangements for the children, specifically addressing the mother's concerns regarding past allegations of sexual abuse and other alleged abuse by the father. A key issue was the risk of harm to the children in the father's care, and whether any such risk was unacceptable. The court also considered the principle of equal shared parental responsibility and whether it should be dismissed in favour of sole parental responsibility for the mother.

Justice Moore analysed the evidence concerning the past allegations of abuse, noting the mother's failure to raise these allegations contemporaneously with State authorities or in previous parenting proceedings concluded in 2004, and her failure to mention them in the current proceedings. The court found that the mother's opposition to overnight visits was not primarily based on these past allegations. After considering the risk of harm, the court determined that equal shared parental responsibility was appropriate and that the children should live with their mother but spend significant time with their father, detailing specific arrangements for weekends, school holidays, and special occasions.

The court discharged all previous parenting orders and made new orders establishing equal shared parental responsibility. The children were ordered to live with their mother, with specific provisions for the father to have time with the children on alternate weekends during school terms, half of each school holiday period, and on specific special occasions. The orders also included detailed provisions regarding changeovers, communication between parents and children, mobile telephone use, communication with schools and treating professionals, and prohibitions against denigrating the other parent.