Pohan & Anor and Kueffer & Anor

This matter concerned an application before Justice Fowler regarding the parental responsibility and living arrangements for a child born in November 2006. The applicants were the child's paternal grandmother, Mrs Pohan, and Ms Modell, while the respondents were the child's mother and father. The dispute centred on the arrangements for the child's care, welfare, and development, particularly in light of the parents' circumstances.

The court was required to determine the extent of parental responsibility to be shared between the applicants, the primary living arrangements for the child, and the nature and extent of contact the child would have with each of the parents. Specific issues included the conditions under which the parents could spend time with the child, including the necessity for supervision, and the circumstances under which the mother's contact might be suspended. The court also had to consider various specific orders aimed at protecting the child's welfare, including prohibitions on denigration, substance abuse, and unsafe driving practices, as well as requirements for communication and compliance with professional directions.

By consent of the parties, Justice Fowler made orders establishing equal shared parental responsibility for the long-term care, welfare, and development of the child between the applicant grandmother and Ms Modell. The child was ordered to live with the applicant grandmother and Ms Modell, with specific provisions for the child spending time with Ms Modell if she was not living with the grandmother. The father was to spend supervised time with the child, with supervision provided by the applicants or other named individuals. The mother's time with the child was to be supervised at a contact centre, with detailed conditions regarding frequency, duration, costs, and the consequences of non-attendance, including a requirement for a formal application to reinstate contact if three consecutive visits were missed. The orders also included significant protective measures, such as restraining the mother from removing the child from the care of the applicants and father unless spending supervised time, with the power of arrest attached to this order. Further orders addressed communication, prohibitions on alcohol and drug use, exposure to harmful influences, denigration, compliance with probation and parole, medical treatment, and smoking. The parties were also directed to keep each other informed of their contact details and to engage in mediation before seeking to vary the orders.