FATHER SEEKS TO REINSTATE PREVIOUS PARENTING PLAN AFTER THE MOTHER WITHHELD THE CHILDREN FROM HIM
Alessi & Ramont [2020] FCCA 3542 (30 November 2020)
This is a parenting proceeding where the parties have previously entered into a parenting plan. After the mother withheld the children from the father, the latter now seeks to reinstate the previous parenting plan so that the children can live with him.
Facts:
This is a parenting application concerning two children, X, who is five, and Y, who is four. The mother has withheld the children, and indeed it appears that she relocated about three months ago, taking the children with her. The children have not spent any time with the father in accordance with the parenting plan.
The parties have previously entered into a parenting plan for the children to live with the father and spend time with the mother.
There were reported concerns pertaining to Domestic violence between the mother and the father, which impacted the children with them not wanting to see their father. The father has been physically abusive to the children, including the mother’s other children (not a party to the proceedings).
However, the mother has drug dependency and has been convicted of driving under the influence with the children in the car, previously. The mother has a history of mental illness which has led her to self-harm and often requires hospital admission because of it.
The most recent Child Protective concerns regarding the children were received in September 2020. The reported concerns pertained to the state of the mother’s home, including animal feces in the living area, bedroom, laundry, and in the kitchen, that had been stepped in and tracked through the house. A strong ammonia smell from cat urine causing “respiratory discomfort and stung throat and nose”.
Issue: Should the court reinstate the previous parenting plan?
Held:
The court is not satisfied that there is an unacceptable risk in returning to the previous parenting program. Given the references in that memorandum to current concerns about the mother’s parenting capacity and her drug and alcohol issues, it is appropriate that the parenting plan be reflected in orders until further order. The court proposes to make orders giving effect to the previous parenting plan.
Conclusion: Court orders that the children live with the father.
