Event and Time
Event Description
This case revolves around the parenting arrangements for a 10-year-old child (referred to as “X”) following the separation of the parents in mid-2020. The father has not seen the child for over three years and is seeking unsupervised daytime visitation, while the mother seeks court orders for no contact between the father and the child due to allegations of family violence.
Application and Claims
- Father's Claims:
- Seeks unsupervised visitation with X. - Denies allegations of family violence. - Claims that the mother has engaged in conduct to alienate X from him.
- Mother's Claims:
- Seeks an order that X spends no time with the father. - Alleges serious family violence by the father, which poses a risk of harm to X. - Claims that visitation would cause extreme anxiety to X due to the father's conduct.
Judicial Decisions
- All prior parenting orders concerning X are discharged.
- The mother is granted sole parental responsibility.
- X is ordered to live with the mother and spend no time with the father.
- A financial order for the father to pay his share of the Independent Children’s Lawyer's costs.
Dispute Points and Legal Basis
Dispute Points
- Mother's Position:
- Claims the father violently assaulted her previously, witnessed by X. - Asserts that any visitation would be harmful and not in X's best interests. - Supported in her claims by the Independent Children’s Lawyer, emphasizing the child's expressed views.
- Father's Position:
- Denies all allegations of violence. - Argues that the mother is intentionally alienating X from him. - Seeks to establish a relationship with X, claiming the right to do so.