Labeck & Calandros (No 5)

In the matter of Labeck & Calandros (No 5), heard before Young J, the dispute concerned parenting orders for two children, X and Y. The applicant father sought orders regarding the children's living arrangements and parental responsibility, while the respondent mother's capacity to care for the children was a central issue.

The court was required to determine the appropriate parenting orders, including the discharge of previous orders, the allocation of parental responsibility, the children's primary residence, and the nature and extent of time the children would spend with each parent. Additionally, the court needed to consider the mother's history of alcohol and drug abuse and its implications for her parenting capacity, as well as the father's alcohol consumption. The court also had to address the need for therapeutic intervention for the mother and the father's participation in a parenting program.

Young J found the father to be a reliable witness, while the mother was found to be inconsistently reliable and at times disingenuous. The court accepted the father's evidence regarding the mother's alcohol abuse and drug use, which was corroborated by her criminal antecedent report and positive hair follicle tests for methamphetamine and amphetamine-like substances. The court concluded that the mother's behaviour was entrenched and required therapeutic intervention. While the father's alcohol consumption was noted, it was not found to be at harmful or problematic levels. Consequently, the court made comprehensive orders, discharging all previous parenting orders and establishing shared parental responsibility. The children were ordered to live with the father, with specific provisions for supervised time with the mother initially, followed by an increasing schedule of time with her. The orders also mandated specific therapeutic programs for both parents, detailed communication protocols, and injunctions to protect the children and prevent denigration of either parent.