Purdy & Gervasis

In this matter before Dawe J, the court considered applications concerning the living arrangements and time spent with the children, J and A. The proceedings were marked by allegations of excessive alcohol and illicit drug use by both parents, as well as claims of violence made by each party against the other. The parents resided a significant distance apart, and their past behaviour was described as immature and irresponsible. The court also addressed allegations of child abuse made against the mother's partner.

The primary legal issues before the court were: determining with whom the children should live and spend time; assessing the risk of harm to the children arising from the parents' conduct, including substance abuse and allegations of violence; and deciding the nature of parental responsibility, specifically whether equal shared parental responsibility was in the children's best interests given the poor relationship between the parties. The court was also required to consider the appropriateness of imposing conditions on any orders made, and the duration of such conditions.

Dawe J applied the paramount principle that all decisions regarding children must be in their best interests. The court found that the allegations of child abuse against the mother's partner were not established on the balance of probabilities, but ordered that the mother supervise the children's time with him. Given the parties' poor relationship and past behaviours, the court determined that equal shared parental responsibility was not in the children's best interests. The father was granted sole parental responsibility for the children's long-term welfare. The court ordered that the children live with the father, with a condition that he reside within 500 metres of his parents for five years, recognising his family's support. The children were to spend time with the mother, with conditions including her supervision of her partner during her time with the children, and these conditions were to apply for a limited period of five years.

The court made orders reflecting these findings. The father was granted sole parental responsibility for the long-term welfare of the children. The children were to live with the father, provided he maintained his principal place of residence within 500 metres of his parents' residence for five years. The children were to spend time with the mother, with specific arrangements for weekends and school holidays, and a condition that she supervise her partner during her time with the children for five years. The orders also included provisions for communication, information sharing regarding the children's health and schooling, and injunctions restraining derogatory comments about the other parent and drug consumption in the children's presence. All handovers were to occur at a specific location. The appointment of the Independent Children’s Lawyer was discharged.