Cloakes and Heinz and Anor

This matter concerned a parenting dispute before Judge Altobelli, involving the Mother, the Father, and the Paternal Grandmother, regarding the care of the Child. The central issue was the risk of harm to the Child arising from concerns about violence and drug use, and whether the Child should live with the Mother in Brisbane.

The court was required to determine the best interests of the Child, specifically addressing the risks posed by the parents' conduct and the appropriate living arrangements and time spent with each party. This involved considering the impact of violence and drug use on the Child's welfare and safety, and how to balance the Child's need for stability with maintaining relationships with both parents and the paternal grandmother.

In reaching its decision, the court applied the paramount consideration of the Child's best interests under the *Family Law Act 1975* (Cth). The court made orders for the Child to live with the Mother, granting her sole parental responsibility except for decisions regarding the Child's name and any change of residence that would move the Child further from a specified region. The Mother was restrained from consuming drugs or illicit substances in the Child's presence or being affected by them while the Child was in her care, and similarly, the Father was restrained from consuming alcohol, drugs, or illicit substances in the Child's presence or being affected by them while the Child was in his care. The Paternal Grandmother was to be present to supervise the Child's time with the Father, and specific arrangements were made for communication and travel between Brisbane and Sydney.