FATHER DOES NOT WANT HIS TIME WITH HIS CHILD TO BE SUPERVISED BY HIS PARENTS ANYMORE
Elmans & Sharber [2020] FCCA 3529 (22 December 2020)
This is a parenting case where the father seeks time with his child without the supervision of either the paternal grandmother or the paternal grandfather. The mother still wants the father’s child to be supervised alleging that the father does not have the capacity to care for the child.
Facts:
This Interim Hearing relates to the Child X born in 2018.
On 7 July 2020, interim Orders were made that the Child spend time with the Father each Tuesday from 5 PM to 7 PM, and time on Sundays, now being each Sunday from 9 AM to 3 PM. Those Orders provided that the Child’s time with the Father was to be supervised by either the paternal grandmother or the paternal grandfather.
The Father seeks to spend unsupervised time with her on a graduating basis leading to regular overnight time. The Mother essentially seeks Orders that the Child’s time with the Father be supervised by the paternal grandparents.
The Mother alleges and contends that the Father lacks parenting capacity for the Child. Also, As to the Father’s proposed interim Order that the Child commence spending overnight time with him , the mother stated that she is concerned that the Father’s temper is a risk to the Child in these circumstances; in this context the Mother alleges that the Child can be difficult at night when she screams in her sleep and has nightmares.
The father alleges that historically he has provided significant practical care for the Child, including post separation for significant periods. He alleges that on 9 July 2020 he received from the Mother a document called “X’s Routine” which included details of her diet and the type of wipes, cream and nappies to use with the Child. When he began spending time with the Child again on 12 July 2020 he alleges that he complied with that document to the best of his ability.
Issue: Should the father spend unsupervised time with the child?
Law:
- Family Law Act 1975 SS.60B,60CA, 60CC
Analysis:
The Court is not satisfied that there is a significant risk that the Child will be exposed to neglect if spending unsupervised time with the Father, including overnight time.
The Court gives significant weight to the meaningful relationship as a primary consideration. The Child has a meaningful relationship with each parent and would benefit from a continuance of those relationships. Should the Child spend time and communicate with the Father, there is a reasonable prospect that the Child’s meaningful relationship with the Father can be not only maintained but enhanced.
Conclusion: All previous Orders in respect to the Child X spending time with and communicating with the Father, and in relation to supervision and changeover, are discharged. The Child shall spend unsupervised time with the father.
