Josey and Meibos and Hellier and Josey

In proceedings MLC 2653 of 2009 and MLC 10313 of 2010 before Judge Burchardt, the court considered parenting orders concerning three children, X, Y, and Z. The dispute involved the parental responsibility, living arrangements, and time spent between the children and their parents, Ms Josey and Mr Meibos (for children X and Y), and Ms Josey and Mr Hellier (for child Z). The court was required to determine the best interests of the children in light of concerns raised regarding Ms Josey's parenting.

The central legal issues before the court were the appropriate allocation of parental responsibility, the establishment of living arrangements, and the nature and extent of time the children would spend with Ms Josey. This included determining the conditions under which such time would occur, particularly in light of allegations and findings related to Ms Josey's alcohol consumption and diagnosed borderline personality disorder. The court also had to consider the children's relationships with each other and the practicalities of their care, including travel and communication arrangements.

The court's reasoning focused on the paramount consideration of the children's welfare and best interests. It applied principles of family law to address the identified risks and concerns, leading to orders that discharged previous parenting arrangements. The court ordered that Mr Meibos have sole parental responsibility for X and Y, with the children to live with him and spend supervised time with Ms Josey. Similarly, Mr Hellier was granted sole parental responsibility for Z, with the child to live with him and spend supervised time with Ms Josey. Significant conditions were imposed on Ms Josey, including a prohibition on alcohol consumption before and during time with the children, and a requirement to undergo specific therapy to address her borderline personality disorder. The court also made orders regarding communication, travel, and the sharing of costs for supervision, with liberty to Ms Josey to apply for variations to her time with the children only upon obtaining a report from her treating psychologist or psychiatrist.