Bafford & Bafford
[2021] FCCA 987
•12 May 2021
FEDERAL CIRCUIT COURT OF AUSTRALIA
Bafford & Bafford [2021] FCCA 987
File number(s): PAC 5749 of 2020 Judgment of: JUDGE DUNKLEY Date of judgment: 12 May 2021 Catchwords: FAMILY LAW - parenting - interim hearing - conditions of supervised time considered Legislation: Family Law Act 1975 (Cth) Number of paragraphs: 63 Date of hearing: 7 April 2021 Place: Parramatta Counsel for the Applicant: Mr P. Schroder Solicitor for the Applicant: Rafton Family Lawyers Counsel for the Respondent: Ms E. Lawson Solicitor for the Respondent: Pigdon Norgate Family Lawyers Solicitor for the Independent Children's Lawyer: Ms P. Elve of Legal Aid NSW ORDERS
PAC 5749 of 2020 BETWEEN: MS BAFFORD
Applicant
AND: MR BAFFORD
Respondent
ORDER MADE BY:
JUDGE DUNKLEY
DATE OF ORDER:
12 MAY 2021
PENDING FURTHER ORDER, THE COURT ORDERS THAT:
1.The mother shall have sole parental responsibility for V born in 2014, W born in 2016, X born in 2017, Y born in 2019 and Z born in 2019 (the “children”).
2.The children shall live with their mother.
3.The children shall spend time with their father:
(a)Each Sunday from 10am to 4pm, except Christmas Day when it shall be from 12 noon to 4pm.
(b)Each Thursday from 3.30pm to 5.30pm.
4.The children’s time with the father shall be supervised by both the paternal grandfather and paternal grandmother, and shall for the most part, take place at the paternal grandparents’ home with the exception that excursions are permissible if prior text notice to the mother is provided.
5.For the purpose of changeover, the father shall cause the supervisors to collect the children from the home of the mother at the commencement of the children’s time with the father, and deliver the children to the home of the mother at the conclusion of the children’s time with the father.
6.Within 7 days of these orders, the father shall submit to a Carbohydrate-Deficient Transferrin (CDT) test.
7.On the third Friday or Saturday of each calendar month thereafter, the father shall submit to a Carbohydrate-Deficient Transferrin (CDT) test.
8.Within 72 hours of the father receiving the CDT test results, the father shall cause a copy of the results to be provided to the mother and Independent Children’s Lawyer.
9.The father shall not consume any alcohol.
10.The father’s time with the children shall be suspended upon the proven breach of order 9 or in the event he provides a CDT test result consistent with having consumed alcohol.
11.The father shall continue to engage with his doctors, psychologist and counsellor for treatment of his PTSD, depression, anxiety and alcohol disorder for as long as they recommend.
12.(a) The father shall obtain a handheld alcohol breath analysis machine and undertake a breath test immediately before the supervisors depart to effect each changeover at the start of each period of time.
(b)He is to be video recorded complying with order 12(a) and that recording is then to be sent to the mother’s mobile telephone showing both the testing and the result recorded.
(c)The father is to be observed complying with order 12(a) by one of the supervisors.
13.The mother shall inform the father in writing as soon as practical of any specialist medical appointments with any psychologist, psychiatrist, counsellor or therapist in relation to the children.
14.The mother shall provide consent to and authorise the practitioner that the children attend upon to discuss with the father the children’s condition/s.
15.Within 14 days of these orders and within 14 days of the children’s subsequent enrolment at any school the mother shall do all acts and things and give all irrevocable authorities necessary to ensure that whichever school the children may attend from time to time, that school forward directly to the father if he requests copies of all of each child’s school reports and merit cards, any written material pertaining to each child’s academic and extracurricular activities.
16.During any period referred to in these orders, in the event of the children being hospitalised or receiving medical attention, the party caring for with the child shall notify the other party as soon as practicable after the first contact with either the medical practitioner, medical centre or hospital, and inform the other party of the location of the facility or hospital that the child attends.
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment under the pseudonym Bafford & Bafford is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
Ms Bafford (the mother) and Mr Bafford (the father) are the parents of V, aged 7, who was born in 2014, W, aged 5, who was born in 2016, X, aged 3½, who was born in 2017, and twins Y and Z, aged 17 months, who were born in 2019.
The father is a public servant.
He was hurt on duty and has PTSD, he also suffers from a depressive disorder, and an alcohol abuse disorder. The above disorders mean at times the father’s capacity to regulate his emotions and control his anger are compromised.
His alcohol abuse disorder at times compromises his parenting capacity because of the effect of the alcohol.
The father has been since 2016 engaged with treatment, both hospital based and outpatient programs, and involved with AA.
At times he has relapsed in his alcohol abuse.
The father says he has again been sober since 30 September 2020.
The mother is understandably anxious about the father’s capacities as a parent in light of the father’s circumstances and her experiences of the effect of the father’s disorders.
Many of the “issues” alive for judicial determination at the start of the interim hearing were resolved with the undoubted able assistance of the parents’ legal representatives and the Independent Children’s Lawyer and consent orders were made on 7 April 2021.
The issue remaining for judicial determination was whether the father’s time with the children would be supervised by paternal family members as he sought, or by professional supervisors as sought by the mother.
The Independent Children’s Lawyer submits in favour of the paternal grandparents being the supervisors.
It is clear from reports that the father remains engaged with treating professionals and their prescribed treatment regimes and that he is being well cared for, and is compliant with the recommended treatment regimes.
The nature of PTSD and his depressive and anxiety disorders, is that at times a person’s mental and psychological health can be compromised. The evidence is also confirmatory of this fact as it applies to the father.
For these reasons some form of supervision of the father’s time with the children is necessary for that time to be safe and in the children’s best interest. As is often the case, for persons with PTSD, depression and anxiety, despite those persons’ best intentions their mental and psychological health at times is compromised. Such is the same for the father.
DOCUMENTS
·Initiating Application filed 28 October 2020
·Reply filed 18 January 2021
·Affidavit of Ms Bafford filed 18 January 2021
·Notice of Risk
·Child Dispute Conference memorandum dated 18 March 2021
·Tender bundle of documents
·Case outline by counsel for mother
·Response filed 9 December 2020
·Affidavits of Mr Bafford sworn 8 December 2020 and 30 March 2021
·Affidavit of Ms C sworn 30 March 2021
·Affidavit of Mr D sworn 30 March 2021
·Affidavit of Ms E sworn 29 March 2021
·Affidavit of Ms F sworn 30 March 2021
·Tender bundles
·Case outline by counsel for the father
·Case outline for Independent Children’s Lawyer
·Exhibits
ORDERS SOUGHT
Mother
1.That the mother have sole parental responsibility for the children V born in 2014; W born 2016; X born in 2017; Y born in 2019 and Z born in 2019 (together “the children”).
2.The children live with the mother.
3.That the father spend time with the children on a supervised basis at the Suburb G children’s contact service at Suburb G Family Relationships Centre (hereinafter referred to as “the Contact Centre”).
4.That each party forthwith:
(a)Contact the Contact centre within 7 days and arrange an appointment for assessment for suitability for supervised contact.
(b)Attend the assessment;
(c)Comply with the requirements of the Contact Centre; and
(d)Comply with all reasonable rules of the Contact Centre; and
(e)Comply with all reasonable requests or directions of the staff of the Contact Centre.
5.If after the assessment intake procedure the Contact Centre is unable or unwilling to provide supervision of the father’s time as set out in Order 1 herein, then each party has leave to restore the matter to the list on 7 days written notice to the other party and to the Court.
6.If after the assessment that parties are accepted by the Contact Centre as suitable for supervised time, that the father spend time with the children each Saturday at times nominated by the Contact Centre for a period of two (2) hours.
7.That the father shall be solely responsible for any costs or fees associated with the Contact Centre providing supervision of his time with the children.
8.In the event that the Contact Centre can only offer supervised time only at times which are less regular than specified in Order 4 then the father shall spend time with the children at the times which are offered by the Contract Centre.
9.That in the alternative to Orders 1-6 herein supervision of the father’s time shall occur by way of an approved supervision agency as agreed between the parties and funded by the father.
10.The father is restrained from drinking alcohol for a period of 24 hours before the children are spending time with him.
11.That the father submit to Carbohydrate Deficiency Transferrin Tests, within 48 hours of a written request issued by the legal representative for the mother or the Independent Children’s Lawyer subject to the following:
(a)The father shall meet any costs associated with such testing.
(b)The father shall provide a copy of the results to the mother’s solicitor and Independent Children’s Lawyer within 48 hours of receipt of each test.
(c)Such testing shall be requested no more frequently than one (1) occasion each calendar month.
12.In the event that the father produces a positive test or any breach of this Order, time with the children shall be suspended until further Order.
Father
1.That the children V born in 2014, W born in 2016, X born in 2017, Y born in 2019 and Z born in 2019 shall live with the mother.
2.That unless otherwise agreed between the parties, the children V, W and X shall spend time with the father supervised by the paternal grandparents, or either of them, as follows:
2.1Each Thursday from 3:30pm until 5:30pm and each Sunday from 9:00am until 3:00pm;
2.2In the event that the children are not already in the father's care pursuant to these orders, on father's day from 10:00am until 3:00pm;
2.3In the event that the children are not already in the father's care pursuant to these orders, on the father's birthday from 3:30pm until 5:30pm;
2.4In the event that the children are not already in the father’s care pursuant to these orders, on each of the child's birthday from 3:30pm until 5:30pm;
2.5On Christmas Day from 2:00pm until 6:00pm.
3.That unless otherwise agreed between the parties, the children Y and Z shall spend time with the father supervised by the paternal grandparents, or either of them, as follows:
3.1Each Thursday from 3:30pm until 5:30pm and each Sunday from 9:00am until 11:00am;
3.2In the event that the children are not already in the father's care pursuant to these orders, on father's day from 10:00am until 1:00pm;
3.3In the event that the children are not already in the father's care pursuant to these orders, on the father's birthday from 3:30pm until 5:30pm;
3.4In the event that the children are not already in the father's care pursuant to these orders, on each of the child's birthday from 3:30pm until 5:30pm;
3.5On Christmas Day from 2:00pm until 6:00pm.
4.That the children shall have telephone contact with the father each Wednesday and Friday between 5:00pm to 6:00pm with the father to call the mother's nominated phone number and the mother to ensure that the children are available to FaceTime with the father.
Changeover
5.That for the purpose of changeover, the father shall collect the children from the home of the mother in the presence of one or both of the paternal grandparents at the commencement of the children's time with the father, and deliver the children to the home of the mother in the presence of one or both of the paternal grandparents at the conclusion of the children's time with the father.
6.That for the purpose of Y's and Z's time with the father on Sunday pursuant to order 3.1 and on father's day pursuant to order 3.2, the mother shall collect Y and Z from the home of the paternal grandparents at the conclusion of their time with the father.
7.That the children's time with the father pursuant to orders 2 and 3 shall not commence until the paternal grandparents have filed an undertaking with the Court that:
7.1They will be present and supervise the children's time with the father at all times, pursuant to these orders;
7.2They will not allow the children to continue spending time with the father in the event that the father is under the influence of alcohol, or consumes alcohol while the children are in his care;
7.3That in the event the father is under the influence of alcohol, consumes alcohol while the children are in his care, or are otherwise at risk in the father's care, the paternal grandparents will contact the mother immediately, and arrange for the children to return to the mother's care.
Restraints
8.That the father shall not consume alcohol 24 hours prior to the children spending time with him, or while the children are in his care.
9.That the parties are restrained from denigrating or criticising the other party in the hearing and/or presence of the children, and shall ensure that the children are removed from the vicinity of any other person who denigrates or criticises the other party.
10.That the parties are restrained from discussing these proceedings in the presence and/or hearing of the children.
Carbohydrate deficient transferrin testing
11.That within 7 days of these orders, the father submit to random Carbohydrate-Deficient Transferrin (CDT) test.
12.That on the third Friday or Saturday of each calendar month, the father shall submit to a Carbohydrate-Deficient Transferrin (CDT) test.
13.That within 24 hours of the father receiving the CDT test results, the father shall cause a copy of the results to be provided to the mother and Independent Children's Lawyer.
Suspension of time
14.That in the event the father's CDT test results indicate that the father has consumed alcohol to excess, the father's time in accordance with orders 2 and 3 shall be suspended, and thereafter the children shall spend time with the father supervised by H Contact Centre for two hours each Sunday.
Provision of information
15. That the mother shall ensure that the father is kept informed of:
15.1Any medical problems or illnesses suffered by the children while in the mother's care;
15.2Any medication that has been prescribed for the children;
15.3The mother's current email address and emergency contact phone number.
16. That the father shall ensure that the mother is kept informed of:
16.1Any medical problems or illnesses suffered by the children while in the father's care;
16.2Any medication that has been prescribed for the children;
16.3The father's current email address and emergency contact phone number.
Communication
17.That for the purposes of communicating information between the parties, the parties shall:
17.1 Communicate by telephone matters of an urgent nature relating to the children;
17.2 Communicate by email about day to day matters relating to the children.
Medical
18.That the mother shall inform the father in writing as soon as practical of any specialist medical appointments with any psychologist, psychiatrist, counsellor or therapist (hereinafter referred to as "consultant') in relation to the children.
19.That the mother shall provide consent to the practitioner that the children attend upon to discuss with the father the children's condition/s.
School information
20.That within 14 days of these orders and within 14 days of the children's subsequent enrolment at any school the mother shall do all acts and things and give all irrevocable authorities necessary to ensure that whichever school the children may attend from time to time, that school forward directly to the father copies of all of each child's school reports and merit cards, any written material pertaining to each child's academic and extra curricular activities.
Hospitalisation
21.That during any period referred to in these orders, in the event of the children being hospitalised or receiving medical attention, the party spending time with the child shall notify the other party as soon as practicable after the first contact with either the medical practitioner, medical centre or hospital, and inform the other party of the location of the facility or hospital that the child attends.
Independent Children’s Lawyer
1.That the children V born in 2014, W born in 2016, X born in 2017, Y born in 2019 and Z born in 2019 shall live with the mother.
2.That unless otherwise agreed between the parties, the children V, W and X shall spend time with the father supervised by the paternal grandparents as follows:
2.1Each Wednesday from 3:30pm until 5:30pm and each Sunday from 10:00am until 3:00pm;
2.2In the event that the children are not already in the father’s care pursuant to these orders, on father’s day from 10:00am until 3:00pm;
2.3In the event that the children are not already in the father’s care pursuant to these orders, on the father’s birthday from 3:30pm until 5:30pm;
2.4In the event that the children are not already in the father’s care pursuant to these orders, on each of the child’s birthday from 3:30pm until 5:30pm;
2.5On Christmas Day from 2:00pm until 6:00pm.
3.That unless otherwise agreed between the parties, the children Y and Z shall spend time with the father supervised by the paternal grandparents as follows:
3.1Each Wednesday from 3:30pm until 5:30pm and each Sunday from 10:00am until 12:00pm;
3.2In the event that the children are not already in the father’s care pursuant to these orders, on father’s day from 10:00am until 1:00pm;
3.3In the event that the children are not already in the father’s care pursuant to these orders, on the father’s birthday from 3:30pm until 5:30pm;
3.4In the event that the children are not already in the father’s care pursuant to these orders, on each of the child’s birthday from 3:30pm until 5:30pm;
3.5On Christmas Day from 2:00pm until 6:00pm.
4.That the children shall have telephone contact with the father each Friday from 5:00pm to 6:00pm with the father to call the mother’s nominated phone number and the mother to ensure that the children are available to speak with the father.
Changeover
5.That for the purpose of changeover, the father shall collect the children from the home of the mother in the presence of one or both of the paternal grandparents at the commencement of the children’s time with the father, and deliver the children to the home of the mother in the presence of one or both of the paternal grandparents at the conclusion of the children’s time with the father.
6.That for the purpose of Y’s and Z’s time with the father on Sunday pursuant to order 3.1 and on father’s day pursuant to order 3.2, the mother shall collect Y and Z from the home of the paternal grandparents at the conclusion of their time with the father.
7.That the children’s time with the father pursuant to orders 2 and 3 shall not commence until the paternal grandparents have filed an undertaking with the Court that:
7.1They will be present and supervise the children’s time with the father at all times, pursuant to these orders;
7.2They will not allow the children to continue spending time with the father in the event that the father is under the influence of alcohol, or consumes alcohol while the children are in his care;
7.3That in the event the father is under the influence of alcohol, consumes alcohol while the children are in his care, or are otherwise at risk in the father’s care, the paternal grandparents will contact the mother immediately, and arrange for the children to return to the mother’s care.
Restraints
8.That the father shall not consume alcohol 24 hours prior to the children spending time with him, or while the children are in his care.
9.That the parties are restrained from denigrating or criticising the other party in the hearing and/or presence of the children, and shall ensure that the children are removed from the vicinity of any other person who denigrates or criticises the other party.
10.That the parties are restrained from discussing these proceedings in the presence and/or hearing of the children.
Carbohydrate deficient transferrin testing
11.That within 7 days of these orders, the father submit to random Carbohydrate-Deficient Transferrin (CDT) test.
12.That on the third Friday or Saturday of each calendar month, the father shall submit to a Carbohydrate-Deficient Transferrin (CDT) test.
13.That within 24 hours of the father receiving the CDT test results, the father shall cause a copy of the results to be provided to the mother and Independent Children’s Lawyer.
Suspension of time
14.That in the event the father’s CDT test results indicate that the father has consumed alcohol to excess, the father’s time in accordance with orders 2 and 3 shall be suspended, and thereafter the children shall spend time with the father supervised by H Contact Centre for two hours each Sunday.
Provision of information
15. That the mother shall ensure that the father is kept informed of:
15.1Any medical problems or illnesses suffered by the children while in the mother’s care;
15.2Any medication that has been prescribed for the children;
15.3The mother’s current email address and emergency contact phone number.
16. That the father shall ensure that the mother is kept informed of:
16.1Any medical problems or illnesses suffered by the children while in the father’s care;
16.2Any medication that has been prescribed for the children;
16.3The father’s current email address and emergency contact phone number.
Communication
17.That for the purposes of communicating information between the parties, the parties shall:
17.1Communicate by telephone matters of an urgent nature relating to the children;
17.2Communicate by email about day to day matters relating to the children.
Medical
18.That the mother shall inform the father in writing as soon as practical of any specialist medical appointments with any psychologist, psychiatrist, counsellor or therapist (hereinafter referred to as “consultant’) in relation to the children.
19.That the mother shall provide consent to the practitioner that the children attend upon to discuss with the father the children’s condition/s.
School information
20.That within 14 days of these orders and within 14 days of the children’s subsequent enrolment at any school the mother shall do all acts and things and give all irrevocable authorities necessary to ensure that whichever school the children may attend from time to time, that school forward directly to the father copies of all of each child’s school reports and merit cards, any written material pertaining to each child’s academic and extra-curricular activities.
Hospitalisation
21.That during any period referred to in these orders, in the event of the children being hospitalised or receiving medical attention, the party spending time with the child shall notify the other party as soon as practicable after the first contact with either the medical practitioner, medical centre or hospital, and inform the other party of the location of the facility or hospital that the child attends.
ORDERS BY CONSENT
The children are, pending further order, to live with the mother.
The children are to spend supervised time with the father.
The father is to undertake carbohydrate‑deficient transferrin testing.
CHRONOLOGY
1980
Father born
1988
Mother born
2006
Father diagnosed with PTSD
2012
Father and mother marry
2014
V born
2016
W born
2017
X born
2019
Z and Y born
6 April 2020
Parents separate
4 August 2020
Father spends time with 3 oldest children
Father spends less time with twins
August 2020
Mother writes to father stopping his time with children
30 September 2020
Father served with ADVO protecting mother and children
Father says he last consumes alcohol
7 April 2021
Interim hearing, judgment reserved
EVIDENCE
The father said to the consultant in paragraph 5 of the child dispute memorandum:
Mr Bafford said that there were times he has consumed alcohol while on medication for alcohol dependency, because he thought that he had gained some level of control over his drinking. Mr Bafford said that he is also currently attending a drug and alcohol counsellor, attending Alcoholics Anonymous and has a sponsor. Mr Bafford commented that when he has had triggers to his PTSD, he has previously used alcohol again, as at the end of 2016 when he had been sober for years, and he thought it would be manageable. He reflected that he had to accept that he is not a person who can drink alcohol. Mr Bafford commented that after his long period of sobriety, he had “tricked” himself into believing he could drink again, but has now had the lived experience of relapse, and is steadfast in his commitment to not do so again. Mr Bafford said that he has not consumed alcohol since September 2020.
The mother told the consultant in paragraph 15 of the memorandum:
Ms Bafford stated that she hoped to eventually be able to communicate with Mr Bafford about the children, but does not feel that she would be able to as yet. She said that she has significant trust issues about Mr Bafford, and said that he has been secretive about his alcohol use before. She stated that he has said that he was not drinking, and then she saw transactions for the Casino. She indicated that it would take time to rebuild trust, and added that Mr Bafford has now only been sober for a short period of time.
The mother told the consultant in paragraph 21 of the memorandum and it was also part of her counsel’s submissions on her behalf:
That she would not be confident in the paternal family members to supervise time, because the paternal grandparents are elderly and does not think they could act protectively if Mr Bafford were unwell or drinking alcohol … and that also the paternal aunt had mental health issues.
The father lives with the paternal grandparents in Suburb J.
He remains employed by Employer K in a training and mentoring capacity.
Since 24 January 2021 the father has spent time each alternate Sunday between 9am and 11am supervised by H Contact Centre.
H Contact Centre has written reports about the visits they supervised.
Those reports contain positive observations of interactions between the children and the father and raise no concerns.
The mother lives in Suburb L with the children.
There is a final ADVO made on a complaint from the mother taken out by Police that protects her and the children and names the father as the defendant.
The complaint was made after the father sent an email to the mother evidencing an intention to return to live in the former matrimonial home occupied by the mother and children since separation, followed up by telephone calls from the father.
The paternal grandfather is aged 78.
He is retired from his principal occupation but undertakes part time work.
The paternal grandmother is aged 75. She works part time.
The paternal grandparents each have knowledge of the father’s mental health diagnosis and his alcohol abuse disorder.
The grandparents have had extensive involvement with the children in the past.
They have challenged the father about his drinking alcohol and this prompted the father’s misguided email referred to in paragraph 28 hereof to the mother evidencing an intention to return to the matrimonial home. The grandparents bear no fault for this. It is an example of them “calling the father to account”.
The grandparents own their Suburb J property. The children have visited there. It has a large backyard fenced and gated. There are bedrooms with beds for the children should they need day sleeps.
It has indoor space in the event of inclement weather.
The grandfather says he walks the family dog twice per day for between 5kms and 10kms.
He works 2 days a week as a transport worker for a company on Tuesdays and Wednesdays.
He is on the board of directors at Company M. He volunteers at a community centre and has a current working with children check.
The paternal grandmother had a past diagnosis for cancer. She has had no cancer for 6 years. She walks regularly with the paternal grandfather. She continues in part time office work.
DETERMINATION
Whilst ever the father remains engaged with his treaters and abstinent alcohol, there is no risk arising for the children from his conduct or capacity as a parent.
He last consumed alcohol in late September 2020.
His long history of alcohol abuse will require a lengthy period of abstinence to enable conviction that his risk of relapse is low. His current period of abstinence is not yet longer to give confidence he will not relapse.
His parents are aware of the father’s disorders and have previously challenged him about his alcohol consumption.
I am satisfied they are well suited to be supervisors. I do not accept the mother’s submissions that they are physically or temperamentally unable to be supervisors.
They will be very suitable as supervisors.
Their home has good facilities that enable longer and more natural interactions between the father and the children.
There is accommodation for any child that needs a day time sleep and indoor facilities for cold or inclement weather.
Give the father’s long history of alcohol abuse he is to obtain a portable breath analysis machine and provide a breath sample immediately before the grandparents leave to collect the children. This will demonstrate his continued sobriety. It will ensure his parenting capacities are not inhibited by alcohol use.
He is to be videoed doing so and that is to then be sent to the mother’s mobile, with the provision of the breath analysis recorded and sent and the reading recorded and sent. By so doing, the mother’s anxiety may lessen and changeover should proceed smoothly. Smooth changeovers, absence as much anxiety as possible, benefit the children.
Given the children’s ages and existing relationships with their father, a day time period each week from 10am to 4pm and an afternoon evening meal each week will allow for as meaningful a relationship for all children with their father as is possible at this time, and which is likely consistent with their stage of development.
It is more natural for the whole sibling group to be present for the whole period, and so those periods need to be a little shorter than the older children could sustain so as to meet the developmental and relational needs of the younger children.
Sober and well treated the father’s parenting capacities are more than adequate to meet the children’s needs in these periods.
A CDT treating regime provides additional confidence about the father’s alcohol free status, with the requirement the test results show a range consistent with no alcohol having been consumed. Regular testing will provide longitudinal evidence of sobriety.
The supervised time is to be based out of the grandparents’ home, but outings and excursions will be permissible if notice is given to the mother.
By ensuring the father’s sobriety, as the breath testing and CDT testing does, and ensuring supervisors in the form of the paternal grandparents are present in the event the father suffers an unexpected “trigger event” with respect to his mental health, the risk to the children is mitigated to an acceptable level.
The paternal grandparents’ supervision is a more natural family based arrangement familiar to the children and in combination with the other arrangements, makes this form of time with arrangement in the children’s best interest.
No issues of reasonable practicability arise from the above. The grandparents have two cars and thereby sufficient seating to transport the children.
The orders are therefore both in the children’s best interest and reasonably practicable.
There is an existing ADVO.
The family violence that has occurred as reported by the mother is at the lower level, nevertheless it is family violence and causes the mother fear and inhibits her capacity to communicate with the father.
For these reasons, pending further order, there will be an order for her to exercise sole parental responsibility.
Neither party seeks at this stage an equal time nor a significant and substantial time order.
I certify that the preceding sixty-three (63) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Dunkley. Associate:
Dated: 12 May 2021
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Remedies
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Procedural Fairness
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