EVERLY & EVERLY

In the matter of Everly & Everly, heard before Judge Terry, the dispute concerned parenting arrangements for two children, X (born 2009) and Y (born 2010). The court was required to determine the primary caregiver for the children, their living arrangements, and the nature and extent of the mother's future contact with them, including specific conditions and restrictions on that contact.

The court's reasoning focused on establishing a stable and safe environment for the children. It was determined that the father would have sole parental responsibility and that the children would live with him. The mother's time with the children was significantly restricted, to occur only on Saturdays between 12:00 pm and 3:00 pm at a public venue and in the presence of the father. Further, her contact was suspended during a specific period, with only supervised telephone communication permitted. The court also imposed strict conditions on the mother, restraining her from allowing a specific individual, Mr D, to be present during her contact time and prohibiting alcohol consumption for 12 hours before and during her time with the children.

The court ordered that the father have sole parental responsibility for X and Y, and that the children live with the father. The mother was granted supervised, limited time with the children, subject to the aforementioned conditions. The mother was also ordered to deliver Y to the father's home by a specified date. The matter was adjourned for further consideration on 11 February 2021, with parties having liberty to attend by telephone.