Melbourne Court Rules Father’s Involvement In Best Interests of Child

Maintaining the ongoing involvement of both parents in a child’s life post-separation can be an extremely difficult and emotional process, especially where exacerbated by issues of drug use.

A recent decision of the Federal Circuit Court of Australia has granted a mother sole residence of her son aged 3 years old, with strict supervised visits with the father, after hearing details of the father’s drug addiction and sporadic instances of intimate family violence by the husband’s new partner.

Despite the Court injuncting the father from exposing his child to the new partner, and concerns about the drug dependent father’s capacity to parent, the Court held that it was still in the best interests of the child that he remains involved in the child’s life.

This determination resulted in court orders to the effect of strict supervised visits under the watch of the paternal grandparents, and shared parental responsibility with the mother for long-term decisions such as the child’s education and health.

If you or someone you know requires legal assistance navigating this process, then speak with a professional. Rowan Skinner & Associates Lawyers are Accredited Family Law Specialists and experienced in a wide array of family law issues. Call us now for a confidential discussion as to how we may be able to help you.

We work as family lawyers in Collingwood, Clifton Hill, Kew, Northcote and surrounding suburbs.

Sources:

Sites & Paxton [2014] FCCA 1924 (27 August 2014)

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