Bookhurst & Bookhurst

In the matter of Bookhurst & Bookhurst, the appeal before the court centred on the supervision arrangements for the children in relation to their father, as well as the allocation of parental responsibilities concerning health, culture, and religion. The primary judge had ordered supervised contact with the father and granted the mother sole responsibility over the children’s health, culture, and religious matters. The father appealed the decision, contending that the trial judge erred in imposing a regime of supervised contact and in allocating sole responsibility to the mother.

The court examined whether the trial judge was correct in implementing a regime of supervised contact for the father, given the history of family violence and the expert's recommendation for the children's safety. The court concluded that no error was found in the imposition of supervised contact, as the safety and well-being of the children were paramount, and the trial judge had appropriately considered the expert's opinion. However, the court found that the specific terms of the supervision order were problematic. The order stipulated that supervision could be varied if the father provided a report from a psychiatrist or psychologist with an "unqualified opinion" that he posed no risk to the children. The court determined that this condition was unworkable due to ethical constraints faced by Australian psychologists and psychiatrists, which the trial judge was not aware of at the time.

In relation to the allocation of parental responsibilities, the court found no error in the trial judge's decision to grant the mother sole responsibility concerning the children's health, culture, and religion. The court upheld the trial judge’s approach to the evidence presented, including the children's views and the expert's testimony. The appeal was allowed in part, with the specific terms of the supervision order being set aside, and the parenting applications being remitted for re-hearing. The father was permitted to spend time with the children under the existing conditions until the re-hearing or until further interim orders were made.