Alanson and Flindall (No.2)

[2017] FCCA 2740

FEDERAL CIRCUIT COURT OF AUSTRALIA

ALANSON & FLINDALL (No.2) [2017] FCCA 2740

Catchwords:
FAMILY LAW – Parenting – where the mother has a history of drug abuse –
best interests of the child – orders made that the child spend substantial and significant time with the mother.

Legislation:

Family Law Act 1975 (Cth) ss.60B, 60CA, 60CC, 65DAA

Applicant: MS ALANSON

Respondent: MR FLINDALL

File Number: DNC 45 of 2016

Judgment of: Judge Young

Hearing date: 17 October 2017

Date of Last Submission: 17 October 2017

Delivered at: Darwin

Delivered on: 17 October 2017

REPRESENTATION

The Applicant: In Person

Counsel for the Respondent: Ms Franz

Solicitors for the Respondent: Darwin Family Law

Counsel for the Independent Children’s Lawyer: Ms Terrill

Solicitors for the Independent Children’s Lawyer: Terrill & Associates

ORDERS

1. That all previous parenting orders be discharged.

Parental Responsibility

1. That the mother and father have equal shared parental responsibility, in consultation with each other, in relation to major long-term issues affecting the child, X, born (omitted) 2014 (“the child”) including but not limited to:

   (a)The child’s education;

   (b)The child’s religious and cultural upbringing;

   (c)The child’s health; and

   (d)Any change to the child’s living arrangements in the event that they impact upon one parent’s ability to spend time with the child.

2. In exercising their equal shared parental responsibility, the parties are to consult with each other about decisions to be made in the exercise of their equal shared parental responsibility as follows:

   (a)They shall inform the other parent about the decision to be made;

   (b)They shall consult with each other on terms that they agree;

   (c)They shall make a genuine effort to come to a joint decision; and

   (d)In the event the parents cannot come to an agreement they will attend family dispute resolution in an attempt to resolve the issue.

3. Notwithstanding clauses 2 and 3, the mother and father shall each have sole responsibility for making decisions about the day-to-day care, welfare, extra-curricular activities and development of the child during periods when the child is living with them.

   Notation: decisions that one parent makes in relation to extra-curricular activities for the child will not bind the other parent.

Living arrangements

1. That the child live with her parents during school terms as follows:

   (a)Until 23 July 2018

Week 1 (commencing on 16 October 2017)
Monday	Tuesday	Wednesday	Thursday	Friday	Saturday	Sunday
Mother	Mother	Father	Father	Mother	Mother	Mother
Week 2
Monday	Tuesday	Wednesday	Thursday	Friday	Saturday	Sunday
Father	Father	Father	Father	Father	Father	Father

(b)From 23 July 2018

Week 1 (commencing 23 July 2018)
Monday	Tuesday	Wednesday	Thursday	Friday	Saturday	Sunday
Mother	Mother	Father	Father	Mother	Mother	Mother
Week 2
Monday	Tuesday	Wednesday	Thursday	Friday	Saturday	Sunday
Mother	Father	Father	Father	Father	Father	Father

(c)On (omitted) 2019 (the Friday after the child’s 5^th birthday)

(i)With the Mother from after school Friday to after school the following Friday and in each alternate week thereafter; and

(ii)With the Father from after school Friday to after school the following Friday and in each alternate week thereafter.

1. That the time the child spends with her parents in order 5 herein is suspended during the school holidays, and the child shall spend the school holidays with her parents as follows:

   (a)The whole of the Term 1 school holidays with the mother in even numbered years and the whole of the Term 1 school holidays with the father in odd numbered years;

   (b)The first half of the Term 2 school holidays with the mother and the second half of the Term 2 school holidays with the father in even numbered years and the first half of Term 2 school holidays with the father and the second half of the Term 2 school holidays with the mother in odd numbered years;

   (c)The first half of the Term 3 school holidays with the father and the second half of the Term 3 school holidays with the mother in even numbered years and the first half of Term 2 school holidays with the mother and the second half of the Term 2 school holidays with the father in odd numbered years;

   (d)In 2017 for the Term 4 school holidays as follows:

   (i)The first week of the Term 4 school holidays with the mother, the following two weeks with the father, the following two weeks with the mother and the last week with the father (1,2,2 and 1);

   (e)In 2018 for the Term 4 school holidays as follows:

   (i)The first week of the Term 4 school holidays with the father, the following two weeks with the mother, the following two weeks with the father and the last week with the mother (1,2,2 and 1);

   (f)In 2019 for the Term 4 school holidays:

   (i)The first half of Term 4 school holidays with the father in odd numbered years and the second half with the mother in odd numbered years (3,3).

   (g)In 2020 for the Term 4 school holidays:

   (i)The first half of Term 4 school holidays with the mother in even numbered years and the second half with the father in even numbered years (3,3);

   (h)Or as otherwise agreed between the parents in writing.

2. That the school holiday time that the child spends with the mother in order 6 herein can be varied by agreement between the parties so that the time the child spends with the mother during school holidays coincides with the time that the mother’s partner’s (Mr R) children are visiting the mother and Mr R in Darwin during the school holidays provided that:

   (a)The mother gives at least 3 months’ written notice to the father; and

   (b)The father has not booked and paid for travel and accommodation for himself and the child to go interstate or overseas; and

   (c)The time does not interfere with the father’s plans to travel interstate for the Christmas/ New Year period to visit his family; and

   (d)The child still spends an equal amount of school holiday time with the father during that particular school holiday period or the father agrees in writing to make up time during another school holiday period.

   Notation: the father shall not unreasonably withhold his consent

3. That on the following days of significance, orders 5 and 6 herein be suspended and the child shall spend time with the parties as follows:

   (a)With the mother on Mother’s Day from 09.00am to 6:00pm;

   (b)With the father on Father’s Day from 09.00am to 6:00pm;

   (c)With the mother on the mother’s birthday in each year ((omitted)) for not less than 2 hours on childcare/school days, and for not less than 4 hours on non-childcare days;

   (d)With the father on the father’s birthday ((omitted)) for not less than 2 hours on childcare/school days, and for not less than 4 hours on non-childcare/school days;

   (e)With the mother on the child’s birthday ((omitted)) for not less than 2 hours on childcare/school days, and for not less than 4 hours on non-childcare days;

   (f)With the father on the child’s birthday ((omitted)) for not less than 2 hours on childcare/school days, and for not less than 4 hours on non-childcare days;

   (g)In odd numbered years, the child shall spend time with the father from 12:00pm Christmas Eve to 1:00pm Christmas Day, and with the mother from 1.00 pm Christmas Day to 12:00pm Boxing Day, provided the parent who has the care of the child pursuant to orders 6 (d) to (g) herein is remaining in Darwin during that period.

   (h)In even numbered years, the child shall spend time with the mother from 12:00pm Christmas Eve to 1:00pm Christmas Day, and with the father from 1.00 pm Christmas Day to 12:00pm Boxing Day, provided the parent who has the care of the child pursuant to orders 6 (d) to (g) herein is remaining in Darwin during that period.

   (i)For the Easter long weekend as follows:

   (i)In even numbered years with the mother from 3.00 pm on the Thursday immediately prior to Good Friday until 6.00 pm on Easter Saturday and then with the father from 6.00 pm on Easter Saturday until 9.00 am on the Tuesday immediately following Easter Monday; and

   (ii)In odd numbered years with the father from 3.00 pm on the Thursday immediately prior to Good Friday until 6.00 pm on Easter Saturday and then with the mother from 6.00 pm on Easter Saturday until 9.00 am on the Tuesday immediately following Easter Monday

   (j)Or as otherwise agreed between the parties in writing.

4. That for the purposes of calculating school holidays, school holidays shall commence on the last Friday of the school term and conclude on the last Friday of the school holiday period immediately preceding the recommencement of the school term.

5. That neither party is to enrol the child in or change the child’s day care centre, pre-school or school without the written agreement of the other party.

6. That notwithstanding order 10 herein, both parties do all things to ensure the child continues to attend the (omitted) Early Learning Centre childcare centre in (omitted) in 2018 and she attends a pre-school in 2018 that will accommodate the child continuing to attend the (omitted) Early Learning Centre childcare centre in (omitted) in 2018.

7. That the children be permitted to travel interstate and/or overseas during the time she is spending with her parents, provided that the party with whom the child is to travel provides to the other party not less than 14 days written notice and provides itineraries, contact addresses and telephone numbers for the child whilst they are interstate or overseas so that the child can communicate with the other party at all reasonable times.

Changeover

1. That changeovers occur wherever possible at the child’s day care or school, during day care or school hours, or outside of daycare/ school hours at the father’s residence whilst the mother is still residing in (omitted) and if the mother relocates to Darwin/ (omitted), the parent with the care of the child shall deliver the child to the other parent’s residence at the commencement of the other parent’s time with the child. If a change is required to the changeover place the parents must both agree to this in writing.

Phone communication

1. That the child shall communicate with the other parent she is not staying with by telephone, FaceTime, Skype or other electronic communication at all reasonable times as agreed between the parents in writing, and failing agreement each Tuesday and Sunday between 6.00 pm to 6.30 pm.

2. In relation to Facetime/Skype/ phone communications:

   (a)Both parents are to actively facilitate and encourage the child to speak to the other parent;

   (b)The parent with the child in their care is responsible for initiating the call and the parties’ where possible shall text the other party as to whether they are available to take the call; and

   (c)That both parents are to, wherever possible, provide privacy for the child for the calls.

Passports

1. That the parents do all things necessary to obtain a passport for and renew the passport for the child, including but not limited to:

   (a)The mother will prepare the necessary passport applications and once the applications are completed and signed by the mother, the mother will provide the applications to the father for his completion/ signing.

   (b)Both parents will jointly meet the costs of the child’s passport application;

   (c)The mother will retain possession of the child’s passports unless requested by the father for the purpose of international travel, and the mother is to provide the passport to the father within 48 hours of his written request.

   (d)The father will return the passport to the mother at the same time as he returns the child to the mother’s care.

2. Obligations of Parents

   (a)That the mother shall attend upon an alcohol and other drug rehabilitation service for as long as recommended by the alcohol and other drug rehabilitation service and follow all reasonable recommendations made.

3. In the event the alcohol and other drugs rehabilitation service recommends the mother’s discharge from the programme, the mother shall within 48 hours advise the father of the recommendation by the alcohol and other drugs service and provide written confirmation of same.

Urine testing

1. That for a period of three years from the date of these orders, the mother/ father do within twenty four hours of receiving a written request from the other party submit to a urine test for the presence of illegal drugs and/ or substances and for the purposes of such testing the provision of the urine sample is to be personally supervised and observed by a qualified medical practitioner or their authorised delegate in accordance with the chain of custody protocol in AS/ NZ 4308: 2008, with such request being no more than once per calendar month.

2. That the written results of the testing specified in these orders are to be provided to the other party via their nominated email address within forty-eight (48) hours of their receipt by the parties.

3. That at the time the results of the testing being furnished to the other party in accordance with these orders, the parties do also furnish proof of his/ her compliance with the provision as to the taking of the sample being supervised and the chain of custody protocol as provided for in these orders.

4. That the requesting party shall pay the costs of the drug test they request the other party to take pursuant to these orders.

Injunctions

1. That without admissions as to the need, each party be restrained by injunction and an injunction issue restraining them from:

   (a)Denigrating the other parent or members of the other parents’ family to the child or in the child’s hearing or presence, or allowing anybody else to do so. The parent shall remove the child from the presence of any other person who is denigrating the other parent or members of the other parents’ family;

   (b)Consuming illicit drugs and/or substances, including while the child is in their respective care. The party shall remove the child from the presence of any other person who is consuming or under the influence of illicit drugs and/or substances;

   (c)Consuming alcohol above the legal driving limit whilst the child is in their care or being under the influence of excessive alcohol whilst the child is in their care. The party shall remove the child from the presence of any other person who is consuming or under the influence of excessive alcohol;

   (d)Exposing the child to abuse (including verbal abuse) or family violence, and that each party will take all measures necessary to remove the child from an incident of family violence should such circumstances arise;

   (e)Exposing the child to the particulars of the family law proceedings (including discussing anything in front of the child);

   (f)Permitting or requesting the maternal grandmother, Ms K, to be immediately present at or directly involved in changeovers with the father and/ or communicate with the father.

   (g)Allowing the child to remain in the presence of Mr C, the maternal uncle.

   Notation: After two years the parties will attend family dispute resolution (see order 26 herein) to discuss whether this injunction in relation to Mr C is still required.

1. That the mother and the father shall keep each other informed of their current contact details including their respective telephone numbers, residential addresses, email addresses, and of any changes within 48 hours of the changes occurring.

2. That this Order shall be authority to medical, health and educational providers of the child to release information about and discuss the child’s progress and/or health and other needs with each party and each party provide such further written authority as may be required from time to time and inform the other of the names and addresses of such medical, health or educational service providers.

3. That the parties be entitled to attend any childcare, sporting and/or extracurricular events to which parents would ordinarily be invited to attend and neither party is to be hostile towards the other at such events. Both parties are to provide the other party with notice of such events as soon as practicably possible after becoming aware of the details.

4. That the parties will attend family dispute resolution in two years from the date of these Orders to discuss whether order 19 to 22 (urine testing) and order 23 (g) (the injunction regarding Mr C) needs to continue.

5. That in the event that the child is injured or there is any medical or health matter concerning the child, the party having the care of the child at that time must notify the other party with respect to such matter as follows:

   (a)Should the injury or medical or health matter include the child being taken to any hospital or receiving urgent/significant medical treatment, the party who has the care of the child is to notify the other party immediately; and

   (b)Should the injury or medical or health matter not be urgent, however the child is taken to a medical appointment, the party who has taken the child is to advise the other party within 48 hours and are to provide all medications and prescriptions at the next changeover.

6. That each party pay the costs of the Independent Children’s Lawyer as determined by the Northern Territory Legal Aid Commission.

7. That the Independent Children’s Lawyer be discharged.

IT IS NOTED that publication of this judgment under the pseudonym Alanson & Flindall (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT DARWIN

DNC 45 of 2016

MS ALANSON

Applicant

And

MR FLINDALL

Respondent

REASONS FOR JUDGMENT

Ex Tempore

1. These reasons for judgment were delivered orally. They have been corrected from the transcript. Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.

2. This is a parenting matter concerning X who is generally referred to as X by her parents.  X is three and a half at the moment.  Her father Mr Flindall is 28 years old.  He is working as a (occupation omitted).  Ms Alanson - her mother - is 26.  She has been working as a (occupation omitted) but involved in home duties at the moment.  The parties in this case separated in February 2016 and the child was initially living with the father pursuant to some interim orders that were sought on an urgent basis and made in February 2016.  In April 2016, there were interim orders made that the child live with the mother, but in the home of the maternal grandmother, and if the maternal grandmother was absent, under the supervision of a Ms K. 

3. The maternal grandmother undertook to report on any drug use by the mother while she was living with her.  The relationship between the mother and the maternal grandmother broke down and it appears it has been an unstable relationship at times with breakdowns and resumptions of the relationship but in late last year there was a breakdown of the relationship with her mother and she left the maternal grandmother’s home.  The circumstances surrounding that were apparently the mother’s resumption of the use of illicit drugs.  In the result, on 21 November orders were made by consent that the child live with the father and spend some time with the mother. 

4. The mother has a history of drug abuse involving opiates and amphetamines.  The mother has not been frank throughout these proceedings about her drug use.  Nevertheless, I am satisfied that it is a very serious problem for her and remains a serious problem.  She has been involved in various programs over time involving treatment for dependency.  She is being treated with medication at the moment for her dependency, recently with Suboxone and apparently now a drug called Subutex.

1. She told me in evidence that the point of these drugs is to remove or dissipate her desire or craving for opiates.  I infer from that that she remains opiate-dependent, although her dependency is currently managed by medical treatment, including drug treatment.  The mother’s history is one of periods of use of illicit drugs alternating with periods of non-use, it would appear.  She is presently in an extended period of some months of non-use managed, as I say, by treatment.  The relapse in November 2016 was a serious one. 

2. She apparently left her rehabilitation program at that time and returned to use illicit drugs.  This, as I have already mentioned, resulted in a breakdown of her relationship with her mother and her departure from the mother’s house and resulted in X living with her father.  The father agreed around about that time that the child should spend time with the mother, including overnight, once she showed some clean drug tests.  Apparently that occurred in December 2016 or January 2017.  As a result, since then the mother has begun to spend overnight time with the child and the child currently spends five nights a fortnight with her mother. 

3. The mother has said that she is drug-free, or has not been using illicit drugs, since December 2016.  She says that in those circumstances there should be an immediate commencement of an equal shared care arrangement.  The father’s proposal is more cautious, and while he agrees that there should be shared care, he says that that should be the end result of a graduated process over the next 18 months or so and commencing when X is five in (omitted) 2019.  In my assessment, the father’s cautious approach is justified.  I have some serious reservations about the stability of the mother and of her life arrangements. 

4. She has been drug-free, I accept, but for less than a year even on her evidence, since December 2016 – a period of hardly more than 10 months.  She has also entered a new relationship with Mr R as of late last year.  Mr R did not swear an affidavit in these proceedings, but he was present in Court and I accept that he supports the mother.  However, there was also evidence that there was an incident of domestic violence between the mother and Mr R in January 2017 which resulted in the making of a domestic violence order in the Local Court. 

5. There are also charges against Mr R of assault, criminal damage and some other criminal charges.  It appears that those other charges were withdrawn.  Equally concerning is the mother’s evidence that there was a suicide attempt by Mr R in January 2017.  She also referred to other attempts or threats of suicide, though they were not detailed in the mother’s evidence.  It also appears from her evidence that Mr R has something of a problem with alcohol, although the exact nature of that problem was not described in evidence.  Another factor I take into account is that the mother is now pregnant and she and Mr R are expecting a baby in (omitted) 2018. 

6. My assessment of the mother is that she is a long-term drug user.  I have not always found her to be a reliable witness and especially last year when there were a series of interim hearings, she was not, I am satisfied, frank about the extent and nature of her drug use.  The true extent of her drug use has only become apparent bit by bit through these proceedings, and particularly last year when hospital and police records were produced under subpoena.  My point in mentioning those matters is not to be critical of the mother.  I am concerned that she does not have a great deal of insight into the effect of her drug use on those people around her, and particularly X. 

7. She has a tendency, it is clear, to minimise the effect and consequences of her past drug use and drug dependency.  The father’s proposal for a graduated arrangement is as follows:  that X should spend five nights a fortnight with the mother until July of next year, then six nights a fortnight from then until July - and six nights a fortnight from then until March 2019 when X turns five and thereafter that there be an equal shared care arrangement.  The proposal for 2018 and until March 2019 is that X spend block time with the mother of three nights – two nights and then in 2018 four nights and two nights.  The reason for that is, as I understand, that X is still very young; she is only three and a half, and also the division of that time is something of a protective measure given the concerns about stability that I have already mentioned. 

8. Other issues also arose in the proceeding.  One concerned which school or preschool X is to attend.  She is presently attending (omitted) child care centre which apparently has a stream into the (omitted) preschool where X would start next year.  The mother wants to enrol – or indeed has enrolled – X at (omitted) preschool which is quite a distance away, certainly from the father’s home, but closer to the mother’s present residence at (omitted) which is on the other side of (omitted).  That would definitely be easier from the mother’s point of view while she and Mr R live at (omitted) as (omitted) is close to the ferry terminal. 

9. The mother has said in evidence that it is probable, however, that within the next 12 months, she and Mr R will move across to the other side to Darwin and she says that she and Mr R are likely to live in Darwin or perhaps (omitted).  That being the case, it seems to me that (omitted) is likely to be no further from where the mother is living than (omitted), so I see no particular reason why the child’s present arrangements should be disturbed. 

10. The other issue is drug testing.  The father seeks an order that there be provision for random urinalysis testing over the next three years.  The mother resists that and says there is no need for further drug testing, essentially on the basis that she is drug-free.  Given my observations about her lack of insight and my concerns about her long history of illicit drug use, I am not satisfied that I should accept her submission on that.  It appears to me that there ought to be the provision for some random urinalysis testing.  Another issue that arose concerned the mother’s brother, Mr C.  Mr C is presently serving a period of imprisonment.  Precisely what offences were involved is unclear, but the mother says that he is a drug addict and it appears from the history of the matter that he has been a very bad influence on the mother and, in particular, it seems that, at the times that he has lived with the mother, that has encouraged the mother’s return to or use of illicit drugs.

11. She also has a conviction, it appears, for supplying her brother with cannabis while he was in prison.  I infer from all of that that he is a decidedly bad influence on her and she has trouble resisting that influence.  In her interview with the family consultant for the preparation of a family report, she described her brother as “scary” at one point.  In evidence today she described him, at one point, as having been “out of control”.  That is when he was using drugs.  I am satisfied that he is likely to be a bad influence for the foreseeable future. 

12. The father seeks an injunction that the mother not be permitted to bring the child into contact with Mr C and I am satisfied that there is a proper basis for such an injunction.  If, as the mother says, in future she may wish to introduce the child to her uncle, then if the uncle shows signs of turning away from the path he is on at the moment - that is, drug use and imprisonment, then it seems to me that the way to deal with that is for the father to made some assessment about whether that is appropriate and I am satisfied the father, on the basis of his conduct so far, would consider that carefully and if he thought that it was in X’s best interests to have some contact with her uncle, he is likely to agree. 

13. If he does not then there is always the option of the mother applying to this Court and producing evidence that her brother is no longer the bad influence that he appears to be at the moment.  Another issue concerned an injunction preventing the maternal grandmother being present at changeover.  It is clear that the maternal grandmother has a deep dislike for the father in this case and one, as far as I can see, that is strongly held and irrational. 

14. I see no reason why she should be present at any changeover involving the father and I propose to make an injunction to that effect. When I say “present”, I mean “directly involved or immediately present”. If she happens to be in the car some distance away and does not involve herself, then I see no reason why she could not do that. In general, the orders sought by the father were supported by the ICL. Turning to the requirements of the Act for a moment, I have, in framing these reasons, taken into account the requirements of the Act and, in particular, sections 60B, 60CA and section 60CC.

15. I am satisfied that the orders I propose to make will address for the child the benefit of having a meaningful relationship with both parents and, for the purposes of section 60CC(2)(b), the need to protect the child from physical or psychological harm; from being subjected to or exposed to abuse, neglect or family violence, fortunately, that has been a minimal or non-existent issue in this case, with the exception of the concerns raised about the domestic violence incident between the mother and Mr R earlier during the year. X was not present when that happened.

16. The other matters in section 60CC(3) and, in particular, the matters that I consider having the most relevance are (3)(b), the nature of the relationship of the child with each of the child’s parents. This child, it appears, has a good relationship with both parents and the orders I make are intended to foster and encourage that relationship subject to the need to ensure that the best interests of the child are protected. In relation to (c), there is no evidence that either of these parents have done anything other than take all appropriate opportunities to participate in decision-making about the child and I am satisfied that both parents are capable of making appropriate long-term decisions about this child.

17. It seems at the moment, unfortunately, they are not communicating at all, but there has been a history of constructive communication between them at different times, and the father says that he is confident once these proceedings are over he will be able to communicate constructively with the mother again with a view to co-parenting.  There will be no particular change in the child’s circumstances, and there will be no separation from either of the child’s parents, so (d), in my view, is not particularly relevant; nor is (e).  (f), (g) and (i) I will deal with together. 

18. I have dealt with the issue of the mother’s opiate dependency and past use of other illicit drugs.  The father has described the mother as a good mother or even a great mother when she is not using drugs and that is consistent with my own assessment of her.  Nevertheless, she has been involved in drug use and the drug milieu for many years and it will be difficult for her to extricate herself from that.  I am satisfied that that will be a long term and difficult project for her and she will only be able to do that if she continues to receive treatment and support. 

19. I should say something about (j), family violence.  As I have mentioned, there is an existing domestic violence order involving Mr R, the mother’s partner.  The only evidence is of one incident but, nevertheless, there is one.  I infer from the existence of that domestic violence order that there is some question mark about the stability of the mother’s relationship with Mr R and I also infer that there is a need to protect the child from the potential exposure to domestic violence. 

20. I do not consider the risk of that to be particularly high, I might say, but, nevertheless, it is a matter I am required to take into account and I do. As the parties are agreed that there should be an order for shared parental responsibility, I am required to consider, under section 65DAA, whether or not it is in the child’s best interest for her to spend equal time with each parent.

21. For the reasons that I have given, particularly the instability in the mother’s life in recent years and my concern that that instability or the factors behind that instability have not completely disappeared from the mother’s life, I am satisfied that a cautious approach is required and that it is not in the best interests of the child that at this time, at least, there should be equal time but it is appropriate that the child spend substantial and significant time with her mother and these orders, I am satisfied, provide for that.  The orders I propose to make are those set out in the father’s outline of case, with the, perhaps, small exception of the injunctive order concerning the maternal grandmother.  

I certify that the preceding twenty-five (25) paragraphs are a true copy of the reasons for judgment of Judge Young

Date: 9 November 2017