EMERICK & EMERICK

In the matter of EMERICK & EMERICK, the court considered a dispute between the parents concerning the time the children would spend with their father. The children lived predominantly with the mother, and while both parents agreed to equal shared parental responsibility, they disagreed on the specifics of the father's time with the children. The mother sought supervised time for the father, citing his history of substance abuse and past family violence, whereas the father sought to increase his unsupervised time. The court also addressed disagreements regarding the children's schooling and religious education.

The primary legal issues before the court were whether the father's alcohol consumption posed a risk to the children, thereby warranting supervised time, and whether it was in the children's best interests to spend increasing unsupervised time with their father. Additionally, the court had to determine the children's schooling arrangements and whether they should receive formal Jewish education.

Rees J determined that while equal shared parental responsibility was appropriate, the father's history of substance abuse and family violence necessitated a carefully structured approach to his time with the children. The court ordered a phased increase in the father's time with the children, commencing with supervised arrangements and gradually transitioning to unsupervised time, subject to ongoing conditions. These conditions included the father undertaking regular drug and alcohol testing, continuing to consult with professionals, and for an initial period, having his time with the children supervised by specific individuals. The court also ordered that the children continue to attend their current school and be enrolled in a Jewish studies program, with the father responsible for the associated fees.

The court made detailed orders regarding the children's time with the father, including specific schedules that evolved over time, provisions for holiday periods, and arrangements for Jewish holidays. Further orders addressed communication between parents, notification of significant events concerning the children, and the father's compliance with testing and supervision requirements. The mother's application to change the children's school was dismissed.