SHIVELY & GANN

This matter concerned a parenting dispute between a mother and father regarding their six-year-old child. The mother alleged serious family violence by the father, which the father either denied or sought to minimise. The father was seeking extended time with the child, asserting it as an entitlement. A key consideration for the court was whether the father’s ongoing mental health difficulties were being adequately treated. The proceedings were before Judge Burchardt.

The court was required to determine the interim parenting arrangements for the child, specifically addressing the mother's allegations of family violence and the father's mental health. The court also had to consider the father's request for increased time with the child in light of these circumstances.

The court made interim orders favouring the mother's position, granting her sole parental responsibility for the child. The father was granted specific, limited time with the child, including every second weekend and extended periods during school holidays and on Christmas and Easter. Crucially, the court imposed conditions on the father, restraining him from using illicit drugs while the child was in his care and requiring him to undergo a hair follicle drug test at his own expense. Furthermore, the father was ordered to continue attending his general practitioner and psychologist, ensure these professionals liaised, accept their directions, and provide a report to the court prior to the adjourned hearing. Changeovers were to occur at the paternal grandmother's residence, in the absence of both parents if practicable.