JAGO & JAGO

In this matter before Judge Morley, the applicant Mr Jago and the respondent Ms Jago sought interim parenting orders concerning their child, X. The court was informed that neither party was the biological parent of the child, and the Minister had been tasked with parental responsibility. Medical concerns for the child's welfare were raised, alongside historical family violence between the parties, although no evidence of family violence towards or in the presence of the child was presented. Both parties had a history of illicit substance use but had ceased such use.

The court was required to determine the best interests of the child, X, in circumstances where the parties were not biological parents, there were historical family violence concerns, and both parties had past substance abuse issues. Specifically, the court needed to decide on the appropriate interim parenting arrangements, including the allocation of parental responsibility, living arrangements, and time spent between the child and each party, while considering the child's welfare and the parties' circumstances.

Judge Morley ordered that Mr Jago and Ms Jago have equal shared parental responsibility for the child. The child was ordered to live with Ms Jago, with specific provisions for the child to spend time with Mr Jago during school terms, school holidays, and on the child's birthday. The orders also detailed communication protocols between the parties regarding the child, including requirements for drug and alcohol screening for both parties, and prohibitions against denigrating each other in the child's presence. Furthermore, both parties were ordered to attend a parenting course and to ensure the child continued engaging with psychological support.