Chester and Chester

In the Family Court of Australia at Hobart, Benjamin J heard an application by Mrs Chester (the applicant mother) for parenting orders concerning her four children, D (aged 13), L (aged 11), T (aged nine), and I (aged six), against Mr Chester (the respondent father). The father had ceased to be represented by his solicitor and had not appeared at the hearing, despite being notified. The mother sought sole parental responsibility and orders for the children to live with her, with supervised time with the father.

The court was required to determine the parenting arrangements for the four children, considering the father's absence from the proceedings and his limited involvement in their lives since the parties' separation in 2002. Key issues included whether the presumption of equal shared parental responsibility should be rebutted, the extent of the father's future involvement with the children, and the need for supervision of any contact due to concerns about the father's past drug use and mental health. The court also considered the wishes of the eldest child, D, who expressed a desire to reside with his father.

Benjamin J reasoned that while the father had a difficult childhood and had experienced mental health issues, his ongoing drug use, including amphetamines and marijuana, presented a risk to the children and impacted his capacity as a parent. The court accepted the mother's evidence and the single expert report, which indicated the father was unlikely to discontinue his drug use. Although the elder child wished to live with his father, the expert considered this wish not well-formed and not driven by hostility towards his mother. The court found that the father's failure to be involved with the children and the risks associated with his drug use rebutted the presumption of equal shared parental responsibility. The court emphasised the need for the children to be out of the shadow of court proceedings and for the mother to make regular decisions in the father's absence.

Consequently, Benjamin J ordered the discharge of all previous parenting orders and granted the mother sole parental responsibility. The children were ordered to live with the mother, and their time with the father was to be supervised, either as agreed in writing with the mother or, in the absence of agreement, at the Children's Contact Centre in Hobart. Specific provisions were made for interstate and intrastate contact, and for telephone communication initiated by the father. The court also included particulars of obligations and consequences of contravention in a fact sheet attached to the orders, terminated the appointment of the Independent Children's Lawyer after three months, and directed that a copy of the order be sent to the father's last known address.