MCKINNON & PORTER

The case of *McKinnon & Porter* concerned a dispute between the parents regarding the living arrangements and parental responsibility for their two children, B (born 2010) and C (born 2013). The children had been living in separate households for approximately 15 months prior to the court's determination. The court was tasked with deciding with whom the children should live and how parental responsibility should be allocated, given the complex dynamics between the parents.

The primary legal issues before the court were to determine the best interests of the children in relation to their living arrangements and to allocate parental responsibility. This involved assessing the meaningful relationships the children had with each parent, the parenting capacity of each party, and the risks associated with each parent's circumstances. Specifically, the court had to consider the mother's impaired parenting capacity due to illicit drug use and the father's lack of insight into the importance of the children's relationship with their mother, coupled with his apparent contempt for her.

Austin J concluded that while there were disadvantages for the children living with either parent, the mother presented a marginally better alternative. This decision was influenced by the Family Consultant's assessment that the father was likely aligning the eldest child against the mother, and the mother's genuine wish to remain abstinent from drug use. The court found that the risks posed by the mother could be ameliorated through monitoring by the father, school personnel, and the State child welfare authority. Given the parties' inability to communicate or consult on parenting matters, and neither seeking to share responsibility, the court ordered that the mother have sole parental responsibility for major long-term issues.

Consequently, the court ordered that the children live with the mother and spend substantial and significant time with the father, with detailed provisions for their time together. The mother was granted sole parental responsibility for major long-term issues. The court also made orders regarding communication between the parents and children, and restrained both parties from denigrating each other in the children's presence.