The applicant mother and respondent father both sought sole custody of their 13-year-old son.
The child had been living primarily with the father and paternal grandparents since separation.
A Section 30 assessment recommended shared parenting or sole custody to the mother if the father did not move away from his parents, but the court found the assessors favoured the mother.
Following a judicial interview where the child expressed a strong preference to live with his father and fear of his mother, and considering the father's ability to provide a stable environment, the court awarded sole custody to the father.
The mother was granted access every other weekend, with overnight visits conditional on OCL approval of sleeping arrangements, and both parties were ordered to attend counselling.
