·   ·  664 posts
  •  ·  3859 friends

FATHER DRIVEN TO SUICIDE ATTEMPT NOW FACES MOTHER WHO WANTS CHILDREN TO ONLY SPEND TIME WITH HIM IF SUPERVISED BY GRANDPARENTS

Defazio & Defazio & Anor [2020] FCCA 2957 (12 October 2020)

This case involve the mother who wants her children to live with her and spend time with the father each alternate weekend supervised by the paternal grandparents.

Facts:

The applicant-mother says that it is now time for the children to live primarily with her.  She advances a position that the children spend time with their paternal grandparents each alternate weekend. The mother says that the father can spend as much time with the children during the time they are with their paternal grandparents. the mother's position is effectively that the father's time with be at all times supervised by the paternal grandparents.

From the father's perspective, he advances a continuation of the current four-day-about arrangement, but that the arrangement take place as and between the parents, and that there be no orders for the children to spend time with the paternal grandparents.  The father's position is that neither parent presents a risk to the children and that there is no need for his time with the children to be supervised.

The position of the paternal grandparents is, to some degree, in support of the father.  Their primary position is that there be a week-about arrangement, but they assert that in the alternative, if the Court is not prepared to move to a week-about arrangement, then they advance a continuation of the four-day-about arrangement as and between the parents in the terms promoted by the father.

On 17 April 2020, the father attempted suicide, he was admitted to the N Hospital and ultimately moved to O Hospital and that the father sent the mother a concerning video regarding suicide through social media.

Issue: Should the court grant the orders sought by the mother?

Held:

It is of significant concern to the court that the father has historically attempted to hide, on his own admission, his mental health struggles from the mother, and on the basis of this report, that he may continue to do so in the future. That extends to the father, being more inclined to paint a more positive picture around his mental health to the Court and to professionals engaged to date.

There is no doubt that a very serious mental health episode took place in April of this year. To the father's credit, he does not shy away from those events.  To the father's credit, he is engaging both in the Diversion program and with Ms Q. The issue, is that in the absence of two things, firstly a report from Ms Q and, secondly, a final report from the Diversion program, the court is unable to be clear as to whether those factors present an ongoing risk or not and the extent to which they do.  That is why the court considers it appropriate to err on the side of caution.

In the court’s view, the orders promoted by the mother, being alternate weekends and overnight time in the intervening Thursday is certainly substantial and significant time for the father to spend with the children. It involves weekend time, it involves overnight time and it involves midweek time,enabling the father to have a meaningful relationship with the children and to engage fully with them.

Conclusion: Court orders that until further order, X and Y do live with the mother. Also, until further order, the said children shall spend supervised time with the father.

Comments (0)
Login or Join to comment.

FLAST

Close