Gorman and Dreher

This case involved an application concerning parenting orders for two daughters, born in 1995 and 2000, following the separation of their parents, Mr. Gorman (the applicant father) and Ms. Dreher (the respondent mother). The primary dispute centred on the amount of time the children should spend with their father and whether such time should be supervised, given the father's history of alcohol and drug abuse, mental health episodes, and concerns about his parenting capacity. The court was required to determine the father's current alcohol and drug use, his mental health status, the mother's willingness to facilitate a relationship with the father, and the children's wishes.

Justice Le Poer Trench considered extensive expert evidence from a psychologist and a behavioural scientist regarding the father's mental health, substance abuse, and parenting capacity. The court found that the father had a significant history of alcohol and drug dependency, including multiple hospitalisations for mental health issues and instances of drink-driving. While the father had made some efforts towards rehabilitation and education, the court was not satisfied that he had adequately addressed his alcohol use, particularly his preference for "controlled drinking" over abstinence, which was deemed a significant risk. The court also noted concerns about the father's impulse control, anger management, and his tendency to blame others.

The court determined that it would not be in the children's best interests for the parents to have equal shared parental responsibility, given the history of conflict and the father's ongoing issues. Consequently, the mother was granted sole parental responsibility for long-term decisions, with a requirement to consult the father on specific matters such as school, residential address, and extracurricular activities. The children were ordered to live with the mother and spend time with the father on alternate Sundays, with specific provisions for holidays and Father's Day. Crucially, all time spent with the father was to be supervised by an agreed-upon third party, with no discretion for unsupervised contact, and the father was restrained from consuming alcohol or non-prescribed drugs before or during contact. The court also made orders regarding communication between the father and children and prohibited denigration of either parent in the children's presence.