Bergman and Nixon (No.2)

In *Bergman and Nixon (No.2)*, Judge Harland considered a dispute between the parents concerning the future care and living arrangements for their two children, [X] and [Y]. The proceedings involved an application by the father for sole parental responsibility and for the children to live with him.

The court was required to determine the paramount consideration of the children's best interests in light of the parents' circumstances. Specifically, the court had to decide whether to grant the father sole parental responsibility, whether the children should live with the father, and the extent of the mother's future contact with the children, given her current situation. The court also considered applications relating to the children's travel documents and the representation of the parties.

Judge Harland reasoned that the children's best interests necessitated orders that provided them with stability and safety. The mother's current inability to demonstrate a negative drug and alcohol history, and her failure to engage in counselling, weighed against granting her significant time with the children at this stage. Consequently, the father was granted sole parental responsibility and the children were ordered to live with him. The mother's time with the children was reserved, with liberty to apply for increased contact upon providing satisfactory hair follicle test results and evidence of engagement in counselling. The father was also granted liberty to apply for passports for the children without the mother's consent. The lawyer for the applicant was granted leave to withdraw, and the Independent Children's Lawyer was discharged.