Mother Opposes Fathers Request for More Time With.
Jarrad & Weatherston [2021] FCCA 1116 (28 May 2021)
The time allowed for children to spend with their father is contested by the mother who has the sole parental responsibility but such request for gradual increase by the father is supported by the Independent Children’s Lawyer because of the fulfillment of the child’s best interest and the failure to prove unacceptable risk of harm of spending such time with the father.
Facts:
The applicant father of two children aged 6 and 3 seeks to increase time with his children.The mother has sole parental responsibility over the children and the father seeks to increase his time with the children from four hours per week. The father proposes that his current limited time with the children gradually increase until they are spending time with him from Friday to Monday each alternate weekend during school terms, for one evening after school each week and for half of the school holidays. On the other hand, the mother maintains that their time should be limited to 6 hours on Saturday and Sunday on one weekend each month due to the father’s history of family violence and alcohol consumption.
Issue:
Whether or not the father’s time with his children should be increased.
Applicable law:
Family Law Act of 1975 s 60CC - how a court determines the children’s best interests
Mazorski v. Albright [2007] FamCA 520; (2008) 37 FamLR 518 - tackles custodial time sufficient for a meaningful relationship between parent and child.
Analysis:
As observed from the family report interviews which showed the excitement of the children upon seeing their father on a certain occasion, there is a warm relationship between the father and his children. The Independent Children’s Lawyer, in pursuance of the Family Law Act of 1975 s 60CC which lists the two primary considerations in the children’s best interests, supported this proposal save for the mid-week time.
While in the case of Mazorski v. Albright [2007] FamCA 520; (2008) 37 FamLR 518 the court held that the 6 hours proposed by the mother is sufficient, in this case the Court held it was insufficient as it did not allow the father to experience various activities with the children which include camping, family trips, overnight time, and more.
Conclusion:
The court held that there should be a gradual increase to the current four hours per week that the father is allowed to spend with his children. While the father perpetrated family violence, it is not to the extent that the mother alleges considering his voluntary engagement to a men’s behaviour change program. There is no evidence to prove that the father is an alcoholic despite his consumption of alcohol during the several occasions where family violence was perpetrated.
