MORTON & ALLAN (No.2)

This matter concerned parenting orders for four children, [W], [X], [Y], and [Z], before Judge Altobelli. The dispute arose in the context of past family violence, with the court required to assess whether the risk of harm had abated sufficiently to permit unsupervised time between the children and their father.

The court was tasked with determining the appropriate parenting arrangements for the children, specifically whether the father should be permitted unsupervised time with them. This involved considering the impact of past family violence and the current level of risk to the children's welfare and development.

Judge Altobelli discharged previous parenting orders and made new arrangements. The mother was granted sole parental responsibility for long-term decisions regarding the children's care, welfare, and development, while both parents shared responsibility for decisions concerning changes to living arrangements that might impact the children's time with either parent. The children were ordered to live with the mother. The eldest child, [W], was permitted to spend time and communicate with the father as directly arranged between them. For the younger children, [X], [Y], and [Z], a phased approach to unsupervised time with the father was ordered, commencing with supervised or limited contact and gradually increasing over several stages, contingent on factors such as the father securing suitable accommodation. Specific provisions were also made for special occasions, including Father's Day and Christmas, with the mother having primary care on Christmas Eve and Christmas Day.