Event and Time
Event Description
This case involves parenting orders concerning two children, X (born 2018) and Y (born 2020), following the separation of their parents, Mr. Qureshi (the father) and Ms. Abernathy (the mother). Each parent has alleged that the other poses an unacceptable risk to the children's well-being, citing histories of violence, substance abuse, and mental health issues.
Application and Claims
- Mother's Claims: The mother alleges the father presents an unacceptable risk due to his criminal background and seeks orders for limited identity-only time with the children, requesting it to occur four times a year along with sole parental responsibility.
- Father's Claims: The father, who has had full-time care of the children under interim orders, claims the mother poses a significant risk and seeks ongoing supervised time with the children twice a week.
- Independent Children's Lawyer's Proposal: The independent children’s lawyer suggests a graduated approach starting with limited supervised time for the mother.
Judicial Decisions
- Both parents were required to undertake parenting courses.
- The father was granted sole parental responsibility for the children.
- Supervised time was established for the mother, gradually increasing towards unsupervised as deemed appropriate.
- Orders were made in accordance with the Family Law Act sections that prioritize the children's best interests and safety.
Dispute Points and Legal Basis
Dispute Points
- Claims of Unacceptable Risk:
- Both parents allege the other poses a risk based on their criminal histories and personal conduct. - The mother has a history of self-harm and lacks demonstrated psychological support. - The father has ongoing criminal charges and is accused of substance abuse.
- Credibility Issues: