Browney & Pitcher and Anor

This matter concerned proceedings between the mother, the father, and the paternal grandmother regarding the living arrangements and time spent with two children. Initially, the central dispute was whether the children should live with the paternal grandmother or the mother. However, by the time of the court's decision, all parties had agreed that the children should continue to live with the paternal grandmother, and the focus of the proceedings shifted to the quantum and conditions of the mother's time with the children.

The court was required to determine the extent and conditions under which the mother would spend time with the children, considering the risks associated with her bipolar disorder, alcoholism, and the presence of domestic violence in her current relationship. The mother contended that she had made significant progress in managing her mental health and alcohol consumption, positioning herself to play a more substantial role in the children's lives than the father and paternal grandmother suggested. The presumption of equal shared parental responsibility was rebutted, and while the children expressed a desire to spend more time with their half-sister who lives with the mother, neither child conveyed a strong wish to the Family Consultant to spend more time with the mother herself.

Justice Ryan applied the principles of the *Family Law Act 1975* (Cth) to determine the children's best interests. The court acknowledged the mother's efforts in managing her health issues but also recognised the ongoing risks, particularly concerning her alcohol abuse and the domestic violence involving her current partner. Consequently, the court made detailed orders regarding the mother's time with the children, including specific weekend and weekday arrangements, holiday periods, and birthday contact. Crucially, the orders imposed strict conditions on the mother, such as regular attendance upon drug and alcohol counsellors and psychiatrists, restraint from alcohol consumption prior to and during time with the children, and a prohibition on bringing the children into contact with her current partner. The mother was also geographically restricted from taking the children outside the Newcastle region until they commenced high school.