Gabel and Meltzer

This matter concerned an application before Judge Harman regarding parental responsibility and living arrangements for two children, [X] and [Y]. The dispute centred on the arrangements for the children's time with their father, the father's contact with his brother, and various restrictions and obligations placed upon both parents concerning the children's welfare and communication.

The court was required to determine the extent of parental responsibility, where the children would live, and the nature and frequency of the father's time with the children. Further issues included the father's contact with his brother, restrictions on the father's questioning of the children about their residence and schooling, and prohibitions on alcohol and illicit drug consumption by the father prior to contact. The court also had to consider obligations regarding the exchange of school reports, the provision of gifts and cards, passport applications, notification of health issues, and mutual restraints on negative commentary about each other and their respective families in the presence of the children.

Judge Harman ordered that the mother have sole parental responsibility for the children and that they live with her. The father was granted limited supervised time with the children for three hours every three months, with specific arrangements for supervision and changeovers. The father was restrained from contact with his brother and from questioning the children about their address or school. He was also prohibited from consuming alcohol or illicit drugs for 12 hours before contact. The mother was ordered to provide redacted school reports, and the father was permitted to send gifts via the maternal grandparents. Both parents were ordered to refrain from speaking negatively about each other or their families in the children's presence. The court also made orders regarding passport applications, notification of health issues, and the return of exhibits.