Harrow and Finch

In the matter of Harrow and Finch, heard before Mushin J, the court considered an application concerning the parental responsibility and living arrangements for two children, B and R. The dispute centred on the arrangements for the children's time with their mother, the Respondent Mother, and the conditions under which such time should occur.

The court was required to determine the appropriate orders regarding sole parental responsibility, the children's residence, and the specific terms of contact between the children and the Respondent Mother. Key issues included the supervision of contact, the Respondent Mother's use of alcohol and illicit drugs, and the potential suspension of contact under certain circumstances. The court also addressed the discharge of the Independent Children's Lawyer and the dismissal of extant applications.

Mushin J ordered that the Applicant Father have sole parental responsibility for the children and that they live with him. Contact between the children and the Respondent Mother was significantly restricted and made conditional. This included limited time during school holidays, supervised by a maternal uncle or half-brother, and specific telephone contact. Crucially, the Respondent Mother was restrained from consuming alcohol or illicit drugs 24 hours before or during any time spent with the children, with contact suspended if these conditions were not met or if a suitable supervisor was unavailable. The court also included a fact sheet detailing obligations and consequences of contravention, and reserved liberty to the Respondent Mother to apply to vary or set aside the orders within 28 days of service.