Event and Time
Event Description
- The dispute involves parenting arrangements between the father and mother for their children, X and Y, following their separation in 2018.
- The father has significant mental health and behavioural issues, with a history of violence and an extensive criminal record.
- The children have lived with the mother since the separation, with minimal contact with the father.
Application and Claims
- The mother sought sole parental responsibility and orders preventing the father from spending time with the children due to concerns for their safety.
- The father requested that he be allowed supervised visitation rights with the children.
Judicial Decisions
- The court ruled that the children would live with the mother and would spend no time with the father, citing the father’s unacceptable risk to the children.
- The father is allowed to send cards and gifts to the children on specific occasions, subject to the mother’s review.
Dispute Points and Legal Basis
Dispute Points
- Mother's Position:
- The mother argued that the father’s extensive criminal history, mental health issues, and inability to regulate behavior pose a significant risk to the children. - She provided evidence of the father’s past violence and deterioration in his mental health, including incidents following separation.
- Father's Position:
- The father claimed that he was capable of maintaining a relationship with the children and that he should be allowed supervised visits. - He contested the mother's allegations, asserting that she was biased against him due to personal issues, including alleged infidelity.
- Independent Children's Lawyer's Position: