Jacks and Samson 2008 FamCAFC 173
The case involved a dispute between parents and maternal grandparents of children aged 9 and 7…
Evidence was given that the father of a 6 year old had a psychotic condition of schizoaffective disorder and had exhibited family violence. The father’s own family had taken out apprehension of violence orders (AVO) against him, with regular police involvement (personality aggressive). The child had spent little direct recent time with his father (contact limited involvement). Evidence was given that the father had a positive personality when he took prescribed medication, but that without medication he showed paranoia and became aggressive (personality suspicious).
The judge found that the father did not recognise his own limitations as a parent (parenting style insightless). During the hearing the father emphasised his own rights as a parent over the child’s needs.
It was agreed by consensus that the child live with his paternal grandparents and spend time with his mother. The judge ordered that the grandparents and mother have shared parental responsibility.
In final orders, the judge ordered that the father have supervised access with his child, and that following a period of six months the father was at liberty to apply for unsupervised contact if he could provide a report from a treating psychiatrist that he was participating in treatment and displayed qualities of a competent parent (therapy for parent, treatment report, review).
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