HURST & GERSTEN

In the matter of HURST & GERSTEN, Tree J considered applications concerning the parental responsibility and living arrangements for a child. The proceedings involved the maternal grandmother, Ms Hurst, and the father, Mr Gersten. Previous orders had granted the father sole parental responsibility, despite allegations of sexual abuse, physical harm, and domestic violence, and no appeal had been brought against those orders.

The court was required to determine the current parental responsibility for the child, the child's living arrangements, and the extent of the child's time with the father. The father did not participate in these proceedings, which were listed for an undefended hearing. The court also had to consider the impact of the father's alcohol and marijuana use, the child's exposure to family violence, and the potential for physical or psychological harm.

Tree J reasoned that a change in circumstances had occurred, existing for approximately three months, which necessitated a review of the existing orders. The court found that the father's alcohol and marijuana use, coupled with the child's exposure to family violence, presented a real risk of harm. Consequently, the court discharged all previous orders. Ms Hurst was granted sole parental responsibility for major long-term issues and for the day-to-day care, welfare, and development of the child, who was to live with her. Time with the father was to be agreed between the parties, with specific conditions regarding alcohol consumption and 21 days' written notice required for proposed contact. The court also made orders regarding telephone communication and the exchange of information between the parties, including restraints on making derogatory remarks about each other in the child's presence.