ZAWADZKI & ZAWADZKI

In the matter of *ZAWADZKI & ZAWADZKI*, Hogan J of the Family Court of Australia considered an application to vary existing parenting orders. The original orders, made in 2014, stipulated that the two children live with their mother, who had sole parental responsibility, and that the father have only supervised time due to an assessed unacceptable risk of harm. However, the mother passed away later in 2014, and the children have since been cared for by their older brother. The father has maintained regular supervised contact and has undertaken programs addressing his emotional dysregulation, demonstrating insight into his past actions.

The court was required to determine whether the father still posed an unacceptable risk of harm to the children, necessitating continued supervision, and to consider the children's best interests in light of the changed circumstances. Specifically, the court had to assess the benefit of a meaningful relationship with the father, the potential detriment of continued supervision, and the established primary care provided by the older brother. The court also needed to determine the appropriate living arrangements and parental responsibility for the children moving forward.

Hogan J reasoned that the father no longer posed an unacceptable risk of harm and that continued supervision would be detrimental to the children's relationship with him. The court found that it was in the children's best interests to continue living with their older brother, who would have sole parental responsibility for most long-term issues. The father was granted unsupervised time with the children, with a plan for this time to increase on a graduated basis.

Consequently, all previous parenting orders were discharged. The children were ordered to live with Mr Zawadzki (the older brother), who was granted sole parental responsibility for major long-term issues, with specific exceptions. The father was granted unsupervised time with the children, with detailed provisions for the commencement and progression of this time, including holiday periods and special occasions. The court also made orders regarding communication, information sharing, and the children's travel.