G. Alexander Novak

The Applicant Mother and the Office of the Children's Lawyer (OCL) brought motions for restraining orders against the Respondent Father under s. 46 of the Family Law Act.

The motions sought to restrain the father from coming within 500 metres of the mother's home and the children's locations, and from communicating with them.

The court reviewed the history of family violence, including the father's criminal charges and breaches of recognizance, and a period of attempted reconciliation.

The court accepted the children's expressed views and preferences, which indicated fear and distress regarding the father.

The court found that the father's repeated breaches constituted a pattern of coercive and controlling behaviour, amounting to family violence, and that there were reasonable grounds to fear for the safety of the mother and children.

The motions were granted.

The father sought supervised access to his two-year-old daughter.

The mother opposed access and sought a restraining order, as well as child support retroactive to January 1, 2015, with income imputation after May 1, 2016.

The father had been charged with uttering threats and breached bail conditions multiple times.

The court found a disturbing pattern of domestic violence by the father toward the mother, often in the child's presence, including threats, controlling behaviour, and reckless endangerment.

Despite the father's completion of anger management counseling, the court found he lacked genuine insight into his behaviour and continued to breach court orders.

The court denied access, granted a restraining order, and ordered child support with arrears calculated from March 1, 2015, with income imputed at $16,000 annually from January 1, 2017 onward.