The applicant mother and respondent father engaged in a highly conflicted six-year family law dispute over the custody and access of their two children.
The mother struggled with substance abuse and mental health issues, while the father engaged in alienating behaviour, particularly with the older child.
The court considered the admissibility of surreptitious tape recordings made by the mother, ultimately admitting them as their probative value outweighed the prejudice.
Despite the father's alienating behaviour, the court found the children were settled in his care.
The court ordered joint custody with the father having final decision-making authority and primary residence, and established a graduated access schedule for the mother.
Child support payable by the mother was reduced to zero due to her loss of employment and poverty, and the enforcement of arrears was stayed.
