NARDINI & NARDINI

This matter concerned parenting orders for two children, B and C. The mother sought equal shared parental responsibility and a transition from supervised to unsupervised time with the children. The father sought sole parental responsibility, for the children to live with him, and for the mother to have only supervised time. The Independent Children’s Lawyer recommended supervised time initially, with an opportunity for the mother to demonstrate her capacity for unsupervised contact.

The court was required to determine the paramountcy of the children's welfare and best interests, specifically in relation to the mother's mental health issues, her capacity to acknowledge and address these issues, and the potential risk of harm to the children if unsupervised time were permitted. The court also considered allegations of family violence made by both parties and the credibility of the mother's evidence.

McClelland J found that the parents lacked the capacity for effective communication and that the mother had not adequately addressed her mental health concerns. Consequently, the court determined that there was an unacceptable risk of harm to the children if they spent unsupervised time with the mother. The court applied the principles of the *Family Law Act 1975* (Cth), prioritising the children's best interests.

The court ordered that the father have sole parental responsibility and that the children live with him. The mother was granted supervised time with the children on alternate weekends and on specific public holidays, with detailed provisions for the nature and location of this supervised contact. The orders also provided a pathway for the mother to transition to unsupervised time, contingent upon her demonstrating sustained engagement with psychological treatment and a clear improvement in her insight into her mental health and parenting capacity, as evidenced by reports from qualified professionals.