VERRELL & TEAGUE (No.3)

In the matter of VERRELL & TEAGUE (No.3), Judge Harland considered parenting orders concerning a child, [X], born in 2009. The dispute centred on allegations of risk to the child arising from the mother's mental health, specifically a delusional disorder, and whether her time with [X] should be supervised.

The court was required to determine the appropriate parenting arrangements for [X], including who should have parental responsibility and with whom [X] should live. A key issue was whether the mother posed an unacceptable risk to [X] due to her mental health condition, and consequently, the extent and nature of any contact between the mother and child. The court also had to consider the child's relationship with her sibling group and the communication and information sharing between the parents.

Judge Harland's reasoning focused on the paramountcy of the child's welfare and best interests. The court applied principles relating to risk assessment in parenting matters, particularly where mental health issues are present. The decision to grant the father sole parental responsibility and for [X] to live with him, along with supervised time and communication with the mother, reflects a finding that the mother's condition presented a risk that necessitated protective measures. The court also made orders to facilitate the child's relationship with her siblings and to ensure appropriate communication and information exchange between the parents, while also restraining certain behaviours that could be detrimental to the child.

The court ordered that the father have sole parental responsibility for [X] and that [X] live with the father. The mother was to have supervised time and communicate with [X] at a designated contact centre, a minimum of six times per year, with the mother responsible for all associated costs. The father was to arrange for [X] to spend time with her sibling group at least four times per year. Further orders addressed the exchange of contact details, parental access to school information, attendance at school and extra-curricular activities, notification of medical appointments and serious health events, and prohibitions against denigrating the other parent or involving [X] in disputes. The Independent Children's Lawyer was discharged. A notation stipulated that any future application by the mother for further time with [X] must be supported by evidence of attendance at parent counselling, development of capacity to support [X]'s relationship with her father, and her drug usage.