Hurst and Biggs

This case concerned parenting orders made by the Family Court of Australia between Ms Hurst (the applicant mother) and Mr Biggs (the respondent father) regarding their two children. The central dispute revolved around the extent of the father's future involvement with the children, particularly in light of his significant alcohol misuse and refusal to engage in residential rehabilitation. The mother also raised concerns about the risk posed by her new partner, Mr M, to the children.

The court was required to determine the appropriate parenting arrangements, specifically whether the children should continue to spend time with their father, given his ongoing issues with alcohol and aggressive behaviour. A key legal issue was how to balance the father's desire for a relationship with his children against the need to protect the children from potential harm. The court also had to consider the mother's allegations regarding Mr M and the undertakings offered by both the mother and Mr M concerning the children's safety.

Justice Watts found the mother to be a credible witness, while the father lacked candour and credibility, particularly concerning his alcohol use and its consequences, including multiple high-range drink-driving offences. The court accepted the undertakings from the mother and Mr M, specifically that Mr M would not leave the children unsupervised or physically discipline them. Consequently, the court ordered that the mother have sole parental responsibility and that the children live with her. The father's time with the children was made conditional on his participation in and successful completion of a residential rehabilitation program and other parenting programs within 12 months, with supervised contact initially. If these conditions were not met within the timeframe, his contact would be significantly reduced to supervised visits every six months. The father was also restrained from direct contact with the mother except for changeovers and was prohibited from consuming alcohol 24 hours prior to or during contact with the children.