Event and Time
Event Description
In this case, the court examines interim parenting orders affecting the father’s access time with his children, X and Y, born in 2015. Issues at play include whether the father's time with the children should be supervised or unsupervised amid allegations of family violence and substance abuse history.
Application and Claims
- Father (Mr. Moss): Seeks to have unsupervised time with the children based on his improvement in behavior and his acknowledgment of pastwrongdoing.
- Mother (Ms. Church): Advocates for continued supervision during the father's time with the children due to concerns stemming from previous family violence.
Judicial Decisions
- The court orders supervised visitation for specified times, monitored by B Family Services, alongside a hair follicle test and mandates for no alcohol or illicit substances prior to and during visitation. The court emphasizes the need for the children's wellbeing and considers the mother's concerns with the father's past behavior.
Dispute Points and Legal Basis
Dispute Points
Father’s Position:
- Acknowledges past violent behavior and links it to substance use.
- Argues for transitioning to unsupervised visits based on his compliance with programs and tests.
- Claims that the children are not being supported to maintain a relationship with him.
Mother’s Position:
- Provides evidence of past domestic violence and significant concerns for the children's safety during unsupervised visits.
- Requests continued supervision, citing the need to alleviate her anxieties arising from the father’s past behavior.
Third Party (Independent Children’s Lawyer):