Hashim & Hashim 2012. Fam CA 135

A couple had been together for 10 years and had two children.

Several incidents involving the parents were raised in court, with different accounts being given by the two parents.  On one occasion the mother called the police when the father was uncooperative.  The police considered that the father had not used physical force to enforce his wishes and that the matter was a civil matter.

In another incident the father went to his daughter’s school to collect her early to take her to visit a relative.  The teacher asked whether the father had permission to remove the child and he said he did.  When the teacher proceeded to check the father’s permission with the principal the father objected by shouting, pointing at her, stating that no-one can prevent him from collecting his daughter from school, grabbing his daughter and throwing a chair into the air near other children.  The teacher was afraid and students screamed and cried.  Later the father tried to intimidate the teacher to prevent her from giving evidence in court by contacting the teacher’s father on two occasions and insisting that the teacher should not become involved (coerce, personality domineering, personality aggressive).

The judge found that the parental relationship was hostile (high conflict couple).  The judge did not make a finding of family violence.

The judge considered that the father lacked insight into the impact of his behaviour on other people (parenting style insightless).

The judge ordered:

  • sole parental responsibility be granted to the mother
  • the children live with the mother
  • the father be granted access time
  • the father be required to continue to participate in an anger management programme with a named treating psychologist for no less than 6 months before he applied for an increase in access, and to follow recommendations by the psychologist including seeing the psychologist at a frequency recommended by the psychologist.
  • If the father applied for an increase in access he was required to provide the mother with a copy of a report from the psychologist confirming the father’s consistent attendance in therapy for parent, and describing progress towards goals including his recognition of the impact of his behaviour on others.