Mackay and Carsten and Anor

This matter concerned applications by two mothers regarding the time their respective daughters, aged five and nine, should spend with their father. The first mother alleged the father had sexually abused her daughter, while both mothers raised concerns about the father's history of drug use, reckless behaviour, and mental health. The father denied the sexual abuse allegations, claiming they were made maliciously, and sought the attendance of the paternal grandparents during his time with the children. Both mothers agreed to exercise sole parental responsibility for their daughters.

The court was required to determine the safety of the children spending time with their father, considering the allegations of sexual abuse and other risk factors. It also needed to decide on the appropriate parenting orders, including the extent and nature of supervised contact, and the allocation of parental responsibility. The court had to balance the children's right to a meaningful relationship with their father against the need to protect them from harm.

Judge Bender found that the father had not sexually abused his five-year-old daughter. The court ordered that each mother have sole parental responsibility for her daughter and notify the father of any significant parenting decisions within 14 days. The daughters were to spend time with the father together on twelve occasions per year, fully supervised by the paternal grandparents, who provided undertakings to the court regarding supervision and specific restrictions. The father was also ordered to undertake supervised urine drug screens in the week preceding his time with the children, continue therapeutic counselling and psychiatric treatment, and provide an irrevocable authority to his treaters to inform the mothers if he ceased treatment against advice.

Previous parenting orders were discharged. The court made orders for each mother to have sole parental responsibility for her respective daughter, with the children to live with their mothers. Time between the father and his daughters was to be supervised by the paternal grandparents under specific conditions, including restrictions on the father being left alone with the children and the grandparents' obligation to terminate contact if the father appeared aggressive or drug-affected. The father was mandated to undergo supervised urine drug screens, with provisions for suspension of contact and extended testing in the event of positive results or failure to comply. The court also made orders regarding the father's ongoing treatment, communication with the children's schools, and injunctions restraining parental denigration and discussion of proceedings in the children's presence. Further applications regarding parenting were restricted without leave of the court.