Denton & Denton

This matter concerned two children, aged 13 and 12, whose mother had passed away in 2012. The proceedings were initiated by the maternal half-sister, who alleged the father had physically assaulted the children and was using and selling drugs at home. The paternal grandfather was granted leave to intervene in the proceedings.

The court was required to determine interim orders regarding the children's living arrangements and time spent with their father, considering allegations of assault, drug use, and concerns raised by a Family Consultant regarding the risk of harm in the care of either the sister or the father. The court also had to consider the father's current unstable accommodation and his admitted daily cannabis use, as well as his recent methadone use.

The court applied principles of child welfare and best interests. It noted that while the father did not currently pose an unacceptable risk of harm for supervised time with the children, his current housing situation and substance use presented unacceptable risks for full-time care. The court considered the father's admissions of daily cannabis use and recent methadone use, and the potential impact of stress on his substance use. The court also noted the children's own admissions of their father's drug use, though they did not perceive it as an issue.

By consent of the parties, including the Independent Children's Lawyer and the paternal grandfather who had been granted leave to intervene, orders were made for the children to live with the paternal grandparents. The children were to spend time with the father under the supervision of the paternal grandparents, with specific restrictions placed on the father regarding alcohol and illicit substance use, and prohibitions against physical discipline, sexual activity in the children's presence, and denigrating family members. The father was also ordered to submit to regular, supervised drug testing. The court strongly encouraged the father to engage with family support services and drug and alcohol rehabilitation programs.