Following separation, the applicant father sought sole custody of two young children while the respondent mother sought joint custody with primary residence to her.
Evidence included reports from the Office of the Children’s Lawyer recommending sole custody to the father and therapeutic access for the mother.
The court found joint custody unworkable due to serious communication issues and concerns about the mother’s parenting conduct, including involving the children in the litigation, disregarding professional advice, and problematic behaviour during supervised access.
Applying the best interests test under the Children’s Law Reform Act, the court granted the father sole custody and primary residence.
Access to the mother was restricted to therapeutic supervision, with limited monitored telephone contact and review of access after six months.