Molloy and Turner

Bell J made orders concerning the living arrangements and parental responsibility for a child, B, born in 2007. The dispute involved the mother and father of the child, with the court determining the terms of the child's residence, the allocation of parental responsibility, and the conditions and schedule for the father's time with the child.

The court was required to determine the specific orders regarding the child's residence, the extent of parental responsibility to be held by each parent, and the nature and frequency of contact between the father and the child. Crucially, the court also had to consider and impose conditions on the father's contact with the child, particularly in light of concerns relating to his drug use and mental health, and the potential impact on the child's welfare.

Bell J ordered that the child, B, live with the mother and that the mother have sole parental responsibility. However, the mother was required to notify the father in writing of decisions regarding major long-term issues, invite his views, take them into account, and inform him of her final decisions. The father was granted supervised time with the child on the second and fourth weekends of each month, with the costs of supervision to be borne equally. This contact was made conditional upon the father attending psychiatric assessments, refraining from unlawful or non-prescribed drug use, submitting to drug testing, and complying with the psychiatrist's directions. The father's time with the child was to be suspended if he failed to comply with these conditions, with specific requirements for reinstatement, including the psychiatrist's confirmation of his suitability to resume contact. The orders also detailed information sharing between parents regarding the child's schooling and medical care, communication protocols, and provisions for respectful interaction.