SPANOS & HALLETT

This case concerned parenting orders for the child, N Spanos, involving the parents, referred to as the mother and father. The dispute centred on the child's living arrangements and parental responsibility, particularly in light of the parties' highly toxic relationship, characterised by excessive alcohol use and intermittent violence, sometimes in the child's presence. The court was required to determine the best interests of the child, considering the risks posed by each parent.

The court was tasked with determining with whom the child should live, the allocation of parental responsibility, and the terms of the child's time with the father. Additionally, the court considered the mother's application to relocate the child interstate and the implications of the parties' substance abuse and family violence on their capacity to co-parent and ensure the child's safety and emotional well-being. The court also had to assess the risk of harm to the child in each parent's care and determine which proposal presented the least risk.

Tree J found that while both parties presented a risk to the child's safety and emotional health, the child had been living primarily with the mother since separation and appeared to be flourishing. Consequently, the court was satisfied that it was in the child's best interests to continue living with the mother and that the mother should have sole parental responsibility. The court rejected the mother's application to relocate interstate, finding no discernible benefit and noting the likely loss of contact with the paternal family. The court also made orders for the child to spend time with the father, based on the proposals of the Independent Children’s Lawyer, and directed both parties to engage in alcohol and drug treatment and counselling, with further orders for mental health treatment for both parents and various restraints and protections in relation to the child.