Clarke and Gordon and Anor

In *Clarke and Gordon and Anor*, heard by Judge Dunkley, the dispute concerned the parental responsibility and living arrangements for two children, X and Y. The parties involved were the applicant father, the first respondent mother, and the maternal grandmother, Ms Willder. The proceedings sought to determine the future care and welfare of the children.

The court was required to determine who should have parental responsibility for the children, where the children should live, and the nature and extent of the time the children would spend with each parent. Additionally, the court needed to consider conditions and restrictions to be placed on the parties' interactions with the children, particularly in light of concerns regarding the mother's circumstances.

The court's reasoning led to orders granting the maternal grandmother sole parental responsibility for the children's long-term care, welfare, and development, with the father retaining responsibility for day-to-day decisions when the children are in his care. The children were ordered to live with the maternal grandmother and spend time with the father as agreed between the grandmother and father. The mother's time with the children was significantly restricted and supervised for an initial period of two years, with conditions relating to drug rehabilitation and counselling for any unsupervised overnight time. The orders also included specific prohibitions on alcohol and illicit substance consumption, as well as denigration of other parties in the presence of the children, and provisions for communication and the continuation of the Independent Children's Lawyer's appointment.