DALTON & GRACE

In the matter of DALTON & GRACE, Austin J considered parenting orders concerning the child S. The dispute arose from a history of family violence, high parental conflict, poor communication between the parties, and past drug use by both parents. The court was asked to determine the most appropriate parenting arrangements for the child, specifically regarding parental responsibility, where the child would live, and with whom the child would spend time.

The court was required to determine whether the presumption of equal shared parental responsibility applied, or if it should be rebutted in favour of sole parental responsibility for one parent. Further, the court needed to decide with whom the child should live, and whether the child should spend time with the mother, given her history of illicit drug use, emotional instability, and past non-compliance with parenting orders.

Austin J found that the presumption of equal shared parental responsibility was rebutted due to the history of family violence, high conflict, and poor communication between the parties, as well as the mother's ongoing issues with drug dependence and emotional instability. Consequently, the court allocated sole parental responsibility to the father. The court also ordered that the child live with the father, acknowledging the stable arrangement that had been in place. No specific orders were made for the child to spend time with the mother; instead, this was left to the father's discretion as an incident of his sole parental responsibility, reflecting concerns about the risk of psychological harm to the child and the mother's unlikelihood of overcoming her drug dependence in the near future. The court also made various ancillary orders concerning communication, notification of medical emergencies, and educational information, and restrained each party from denigrating the other in the child's presence.