QUALEY & SHACKFORD

In the matter of Qualey & Shackford, heard by Judge Kari, the dispute concerned parenting arrangements for a ten-year-old child. The child had been living with the father since the parties' separation in August 2016. Both parents made mutual allegations of family violence, with the father also alleging that the mother had harmed the child or failed to act protectively. The father had long-standing mental health issues.

The court was required to determine whether the father presented an unacceptable risk of harm to the child and, consequently, what final parenting orders were in the child's best interests. This involved considering the allegations of family violence, the father's mental health, and the child's welfare and best interests in light of these factors.

The court found that the father presented an unacceptable risk of harm to the child. Applying principles of family law concerning the welfare of children and the prevention of harm, the court made final orders granting the mother sole parental responsibility for the child. The child was ordered to live with the mother, with provisions for the mother to inform the father in writing about decisions concerning the child's medical and educational needs. Interim orders were made for supervised time with the father at a nominated children's contact service, with the father to bear the costs of these visits. The father was also ordered to attend upon a psychiatrist and therapist, and to provide reports from them at a future hearing. The court also made orders restraining both parents from denigrating the other parent or discussing the proceedings with the child.