HAAK & JUSIC

This matter concerned parenting orders for a three-year-old child, [X], born in 2016. The dispute involved the parents, Ms Haak (the mother) and Mr Jusic (the father). The proceedings were before Judge B Smith in the Family Court of Australia.

The court was required to determine the appropriate parenting arrangements for the child, particularly in light of a single expert's opinion regarding the mother's mental health. The central legal issue was how to ensure the child's safety and best interests, considering the expert's assessment that the mother has borderline personality disorder (BPD), a lifelong condition that may be better managed with treatment but poses risks to the child's safety without long-term, relapse-free treatment and the child's own capacity for self-protection.

During closing submissions, the mother accepted the single expert's opinion, a position also agreed to by the father and the Independent Children's Lawyer. The court accepted the expert's opinion, finding that the child's safety necessitated supervised time only until the mother had undergone long-term treatment with an appropriately qualified expert, demonstrating no relapse or significant issues, and until the child reached an age where they possessed appropriate self-protective capacity. The court also noted that the child would benefit from supervised time with the mother.

Consequently, the court discharged all previous parenting orders. The father was granted sole parental responsibility, with the child to live with him. The mother was to have supervised time with the child, with specific arrangements detailed for periods before and after the child commences primary school, including conditions regarding supervision costs and the mother's abstinence from alcohol. Further orders addressed notification of decisions, international travel, and prohibitions against denigration.