FATHER SEEKS UNSUPERVISED TIME WITH HIS AUTISTIC CHILD
Jandura & Bangard [2020] FCCA 2171 (12 August 2020)
This case is about a father seeking for an unsupervised time with his child who was recently diagnosed with autism.
Facts:
The proceedings concern the parties’ only child X who was diagnosed with Category 3 Autism.
The mother is concerned that the father does not have capacity to care for the child on an unsupervised basis and submits that perhaps, consequent upon a lack of understanding of X’s behavioral issues, the father can be hard and dismissive of the child. The mother is concerned that the father does not have capacity to care for the child on an unsupervised basis and submits that perhaps, consequent upon a lack of understanding of X’s behavioral issues, the father can be hard and dismissive of the child.
Issue: Is the father entitled to spend unsupervised child with his autistic child on an interim basis?
Law: When making a parenting order in relation to a child, the court must apply a presumption that it is in the best interests of the child for the child’s parents to have equal shared parental responsibility for the child (61DA)
Analysis:
The presumption of equal shared parental responsibility when making a parenting order applies unless the Court considers that it would not be appropriate in the circumstances for the presumption to be applied when making an interim order. The Court does not so consider it in this case, and furthermore, the mother has not satisfied the Court that the presumption should be rebutted on the basis of any of the matters in s.61DA of the Act.
While both parents, as submitted by Counsel for the mother, are learning about autism and how their child is affected as they go, they are also learning about each other. Indeed, it might be of assistance to the parents to learn more about each other and their child by sharing the challenging task of raising a child with special needs and being involved in the decisions regarding his long term care and development. After all, the diagnoses for the child is fairly new and no doubt will take both parents some time to come to terms with and understand.
Conclusion: Hence, father entitled to spend unsupervised child with his autistic child and the parents shall have equal shared parental responsibility for X