Court Must Decide Parental Responsibility Allocation and Amount of Time Child Should Spend With Father
Delisle & Mannion [2022] FedCFamC1F 940 (1 December 2022)
This case involves the mother having primary care of the child with the father spending supervised time with the child, and both parties providing evidence with the help of an Independent Children's Lawyer and a consultant psychiatrist. The court must make a decision based on the evidence and documents provided.
Facts:
The mother is in primary care of the child, and the father is currently spending supervised time with the child. Both parents agree that the child should remain in the mother's care, but they disagree on the parental responsibility allocation, the amount of time the child should spend with the father, when the supervision should be lifted, and other issues such as where the changeover should take place.
The parties have each provided evidence and documents in support of their case, and the Independent Children's LawyerICL has also submitted documents. A Family Report prepared by a consultant psychiatrist, Dr E, was also provided. The mother's evidence of family violence was accepted, and the father was not cross-examined on any of his evidence of family violence.
The father's insight into his significant history of family violence, violence to others, impulse control, and alcohol use was questioned, and concerns were raised about his level of understanding of the mother's experience. The father's sister was accepted as a suitable supervisor for the father and child's time together, and Dr E's evidence was accepted.
Issue:
The issue in this case is the disagreement between the parents on the parental responsibility allocation, the amount of time the child should spend with the father, when the supervision should be lifted, and other issues such as where the changeover should take place.
Applicable law:
Analysis:
It is not necessary for the court to make a positive finding that the allegation is true in order for the court to determine that, in the circumstances of the particular case, it is necessary to make an order for protection. In this case, the father has acknowledged a long-standing history of alcohol and drug misuse, impulse control and anger management issues spanning decades. He has been found not guilty of a charge of family violence but an apprehended violence order was made for a period of 18 months.
He also plead guilty to five criminal charges arising out of the mid-2021 incident and was sentenced to a community correction order for a period of 9 months. The father’s psychologist attributes his excessive alcohol consumption to his deteriorated mental health. The psychologist has also made a number of recommendations in relation to risk management and safety in the context of the father’s time with X.
Conclusion:
This order discharges all previous orders regarding parenting, and gives sole parental responsibility for decisions about the long-term care, welfare and development of X to the applicant mother. The father shall enroll in and complete an 18-week Taking Responsibility – Men’s Behavior Change Program and provide a certificate of completion. X shall live with the mother, and the father will have visitation rights on certain dates and times, with some of those times supervised. Changeover will be done by the father's sister and certain rules must be followed. The mother is allowed to take X outside of the country and the father is not allowed to contact the mother except for certain reasons. The application for costs is dismissed.
Case: Delisle & Mannion [2022] FedCFamC1F 940
Judgment of: SCHONELL J
Counsels:
