FULTON & DANIEL

The case of Fulton & Daniel involved proceedings between a mother and father concerning their child, B. The dispute arose from the mother's allegations of sexual abuse against the father and paternal grandmother. Despite these allegations, the court found no unacceptable risk of harm to the child. The mother had a diagnosed personality disorder with borderline and dependent traits.

The court was required to determine the appropriate parenting arrangements for the child, including issues of parental responsibility for major long-term decisions, the child's living arrangements, and the extent of time the child would spend with each parent. Additionally, the court considered the mother's oral applications to vary interim orders after retaining the child, to reopen the final hearing to lead further evidence, both of which were dismissed.

Justice Watts applied principles of family law concerning the welfare of the child as the paramount consideration. The court's reasoning led to orders where the father was granted sole parental responsibility for the child's education, health, and Aboriginal cultural upbringing, with specific conditions for consultation with the mother. The mother was granted sole parental responsibility for the child's religious upbringing, also with consultation requirements. The child was ordered to live with the father, with provisions for increasing time with the mother. The court also imposed conditions on the mother's time with the child, including monitoring by specified individuals and assurances regarding the child's safety. Further orders addressed communication between the parents, medical information, therapy, co-parenting programs, and prohibitions against denigration of the other parent.