Beaudin & Elbaum

In the matter of BRC 10826 of 2018, the applicant, Mr Beaudin (the father), sought final parenting orders concerning his two children, X and Y, born in 2016 and 2017 respectively. The respondents were Ms Elbaum (the mother) and Ms Mitchell (the maternal grandmother). The final hearing proceeded in the absence of the mother and maternal grandmother.

The court was required to determine the most appropriate parenting arrangements for the children, considering the history of domestic violence between the parents, concerns regarding the mother's drug use and potential exposure of the children to her partner's history of domestic violence, and the father's stated inability to act as a resident parent due to his own issues with drugs and mental health. A key issue was the extent to which the father had been able to spend time and communicate with the children, particularly since July 2020 when contact ceased. The court also considered the significant role the maternal grandmother appeared to play as the primary carer.

Judge Cassidy reasoned that while the father was not in a position to be a resident parent, it was in the children's best interests to establish a framework for his future involvement. The court noted the significant anxiety the child X experienced when away from the maternal grandmother, who appeared to be the primary carer. Despite concerns about the risk of domestic violence in the maternal grandmother's home, the court found that the mother lacked the capacity to care for the children due to her drug use and potential exposure of the children to domestic violence. The father's capacity to provide for the children's emotional and intellectual needs as a resident parent was also deemed insufficient at that time.

Consequently, the court ordered that all previous parenting orders be discharged and that the parents and the maternal grandmother have equal shared parental responsibility for the children. The children were ordered to live with the maternal grandmother. Specific orders were made regarding the children's time with the father, including alternate weekends, half of school holidays, and communication by telephone. The children's time with the mother was to be supervised by the maternal grandmother, and an injunction was issued restraining unsupervised contact with the mother's partner. The court also made orders for the father's name to be included on the children's birth registration and for the mother to arrange comprehensive medical reviews and counselling for the children, with information to be shared with the father.