THORBURN & AHERN

In the matter of *Thorburn & Ahern*, heard by His Honour Judge Wilson, the dispute concerned parenting arrangements for two children, born in 2008 and 2011. The father's parenting capacity was alleged to be impaired due to an acquired brain injury, personality disorder, drug use, and alcohol abuse, raising concerns about an unacceptable risk to the children. The father had also reportedly foregone time with the children.

The court was required to determine the most appropriate parenting orders, considering the father's capacity and the children's welfare. Key issues included whether the father posed an unacceptable risk to the children, the extent to which the children's wishes should be considered, and the appropriate level of parental responsibility and time the father should have with the children.

His Honour Judge Wilson reasoned that the father's impairments and substance abuse presented an unacceptable risk to the children. The court found that the father had foregone time with the children and that their wishes, having been considered, supported arrangements that prioritised their safety and well-being. Consequently, the court ordered that the mother have sole parental responsibility for the children, with the children to live with her. The father was granted supervised time with the children on no more than four occasions per calendar year at a children's contact service, with the father responsible for the costs. Provisions were also made for communication between the father and children, including the mother's right to review communications from the father to ensure their appropriateness. The mother was also ordered to provide the father with copies of school reports and photographs, with the ability to redact identifying information.