Sander and Sander

In Sander and Sander, heard by Judge Scarlett, the dispute concerned parenting orders for two children, X and Y. The court was required to determine the appropriate living arrangements and time spent between the children and their parents, as well as the conditions under which the father's time with the children would be supervised or unsupervised.

The court's reasoning focused on establishing a framework for the father to demonstrate his capacity to safely care for the children. This involved a series of mandatory steps for the father, including enrolment in a Parenting After Separation course and an anger management course, as well as regular, supervised alcohol and drug testing. These measures were to be undertaken within specific timeframes and evidence of compliance provided to the Independent Children’s Lawyer and the mother’s solicitor.

The orders discharged all previous parenting orders. The mother was granted sole parental responsibility and the children were to live with her. The father was initially ordered to have supervised time with the children, with the supervisor being the maternal great-aunt, MS S. This supervised time was contingent on the father's compliance with the aforementioned courses and testing. Upon successful demonstration of compliance and negative test results, the father's time with the children would be expanded and unsupervised, subject to a continuing prohibition on alcohol and illicit substance use during and for 24 hours prior to spending time with the children. The court also made orders restraining both parties from making derogatory remarks about each other in the children's presence and from discussing the proceedings with the children. The mother was also required to enrol in a Parenting After Separation course. The father was granted the right to obtain school reports. Changeovers were to be agreed between the parents or nominated by the mother. The application was subsequently transferred to the docket of Judge Boyle.