CALLIGAN & RADICAN

In proceedings before Judge Morley, the parties, Calligan and Radican, sought interim orders concerning the parenting of their two children. The dispute centred on allegations of risk to the children, which the court considered could be mitigated by appropriate orders.

The court was required to determine whether either parent posed a risk to the children, and if so, whether such risks could be managed through specific orders. It also had to consider the appropriate parenting arrangements, including the extent of time each parent would spend with the children, in light of the principle of equal shared parental responsibility.

The court found that while risks existed, they could be addressed by making specific orders. Consequently, the court ordered equal shared parental responsibility for the children. However, it determined that practical difficulties prevented the implementation of substantial and significant time for the father, and therefore, such an order was not made. The court issued detailed orders regarding the children's living arrangements, time spent with each parent, holiday arrangements, and specific prohibitions against denigration and discussing proceedings in the children's presence. The mother was also ordered to engage with health professionals and ensure the children's school attendance, while both parents were restrained from marijuana use for a period before and during contact.