JILLET & MURDOCH

In this matter before Hannam J, the mother alleged that the father posed a risk of physical and sexual abuse to the children, seeking orders for limited supervised time. The father sought orders for substantial and significant time with the children. The mother also applied for the recusal of the judge, alleging a lack of procedural fairness and apprehended bias.

The court was required to determine whether the mother's allegations of abuse were substantiated and whether the father posed an unacceptable risk of harm to the children. It also needed to consider the best interests of the children, including the benefit of a meaningful relationship with both parents, and the parenting capacity of each parent. Furthermore, the court had to address the mother's contention that her parenting capacity would be diminished by unsupervised time between the children and the father, and the mother's application for recusal.

Hannam J found that the allegations of sexual abuse were unsubstantiated and that the father did not pose an unacceptable risk of harm to the children. The court applied the principles established in cases such as *A & A* and *Russell & Close*, emphasising the importance of a meaningful relationship with both parents in the children's best interests. The court found no evidence to support the mother's claim that her parenting capacity would be diminished, nor any concerns regarding the parenting capacity of either parent. The court dismissed the mother's recusal application, finding no evidence of bias or a lack of procedural fairness.

The court made orders for the children to live with the mother and for the parents to share equal parental responsibility. The father was granted substantial and significant time with the children, with the specific arrangements detailed in the orders, including provisions for the father's potential relocation closer to the children's current location. The mother was restrained from relocating the children without providing the father with 60 days' written notice.