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Citation:
[2024] FCoA 89
Court:
Federal Circuit and Family Court of Australia
Date:
28 February 2024
Issue:
Parenting orders – Allegations of family violence and risk assessment
Summary:
The mother sought sole parental responsibility and supervised time for the father, citing a history of family violence including an active DVO. The father denied the allegations and sought equal shared parental responsibility.
The Court found that while the DVO was in place, there was insufficient evidence that the children were at risk of harm from the father. The Court ordered that the father have unsupervised time, with changeovers to occur at a neutral location to minimise contact between the parties.
Outcome:
Equal shared parental responsibility. Father granted unsupervised time (5 nights per fortnight). DVO to remain in place for mother.