Hood and Curry (No.2)

This matter concerned an application by the mother for sole parental responsibility for the child, that the child live with her, and for permission to relocate with the child. The father opposed these orders. The court was required to determine the best interests of the child in circumstances where the father had a history of mental illness, including hospital admissions for bipolar disorder, and had made concerning statements and claims, some of which were corroborated by police documents and his brother. The family consultant's report highlighted the father's grandiosity, lack of insight into his mental illness, and failure to take responsibility for his actions, including offensive social media posts about the mother. The consultant also observed signs of stress in the child's interactions with the father.

The court's reasoning focused on the paramount consideration of the child's welfare. Applying principles of family law, the court considered the evidence presented, including the family report, psychological reports, and police documents. The court found that the father's mental health issues, his presentation to the family consultant, and the history provided by his brother raised significant concerns about the risk of harm to the child. The court also noted the child's stress in relation to the father. Consequently, the court made orders granting the mother sole parental responsibility and that the child live with her. The mother was permitted to relocate with the child to a location not to be disclosed to the father.

Further orders were made to facilitate limited, supervised contact and communication between the father and child, with a view to potential future reconnection if deemed appropriate after further assessment. These included provisions for written correspondence and gifts, and a requirement for the father to provide a psychological report once the child reached twelve years of age. The mother was ordered to engage a psychotherapist to assess the appropriateness of reconnection, considering the child's wishes. The father was also restrained from being within 200 metres of the mother, child, or their places of residence and schooling. The independent children's lawyer was discharged.