DOYLE & GALBRAITH

In the matter of Doyle & Galbraith, heard by Judge Henderson, the dispute concerned the living arrangements and parental responsibility for the three children of the relationship. Both parents had a history of drug and alcohol abuse, and the mother had a history of significant mental illness. The children had been subjected to significant family violence.

The court was required to determine with whom the children should live, considering the best interests of the children. This involved assessing the risks associated with each parent and determining whether relocation to the mother's residence was in the children's best interests, particularly given the father's work commitments which required him to be away from home for extended periods.

The court reasoned that, despite the past difficulties and risks presented by both parents, relocation to the mother's residence in (omitted) was in the children's best interests. This location was significant as it was where both the maternal and paternal families resided, offering a supportive environment. The court also ordered equal shared parental responsibility, acknowledging the importance of both parents' involvement in the children's lives.

The final orders stipulated that the children would live with the mother from the commencement of the second half of the April school holidays in 2016. The father was granted specific time with the children during school holidays and one weekend per month, subject to geographical proximity. Both parents were restrained from consuming alcohol or ingesting illegal drugs while the children were in their care, and the mother was to facilitate communication regarding the children's health.