Coley and Coley and Ors

In the matter of *Coley and Coley and Ors*, Rees J made orders concerning the parenting of a child born in 2011. The proceedings involved the father and mother, with the Department of Family and Community Services (DFCS) playing a significant role. The dispute centred on the arrangements for the child's care, living arrangements, and contact with both parents and maternal grandparents, particularly in light of allegations of abuse and concerns regarding parental conduct.

The court was required to determine the primary caregiver for the child, the nature and extent of contact between the child and each parent, and the conditions under which such contact would occur. Key issues included the child's living arrangements, the father's sole responsibility for the child, the mother's supervised contact, the maternal grandparents' supervised contact, and various injunctions aimed at protecting the child from harmful influences and behaviours. The court also considered the role of DFCS in supervising contact, conducting home visits, and facilitating support services.

Rees J ordered that the father would have sole responsibility for the child, and the child would live with the father. The father was directed to ensure the child had no contact with individuals alleged to have perpetrated abuse. The mother was granted supervised contact for two hours weekly, with the timing and location to be nominated by DFCS and supervised by an approved service. Similarly, the maternal grandparents were granted supervised contact for two hours every alternate week. The court imposed several injunctions restraining both parents from specific behaviours, including drug and alcohol use while caring for the child, denigrating the other parent in the child's presence, discussing allegations or evidence with the child, exposing the child to family violence, and physically disciplining the child. The mother was further restrained from consuming alcohol within 24 hours of contact and from removing the child from school or care. Both parents were mandated to comply with DFCS directions, participate in risk assessments, and engage with recommended support services, including drug and alcohol support and psychological counselling. The court also noted the intention to re-engage the child's therapist if practicable.