Mallory and Alden & Alden 2009 FMCAfam 61

Two girls were aged 5 and 6 years.  The girls lived with their mother who had chronic schizophrenia and their grandmother.  The mother had a further child aged 14 years who lived with her father.  The parents and child protection officer agreed that the girls should live with the grandmother.  The judge was asked to rule on time spent with the father and supervision arrangements.

The judge found there was a history of family violence by the father towards the mother, and other assaults by the father (personality aggressive).  Allegations by the mother of sexual abuse by the father of the girls were not substantiated.  A psychiatrist assessed the father.

The judge ordered an access plan where contact between the father and girls increased progressively in four steps from supervised visits of two hours for a period of six months, through to unsupervised weekend stays when the oldest girl was aged 11 years and the father was able to provide appropriate accommodation (graduated approach).  The judge ordered conditional access as the father was restrained from consuming alcohol or illicit substances prior to or during contacts (restrained from alcohol use, restrained from use of illicit substances).  The parties were ordered to attend the child protection service when they required assistance.  The grandmother was granted sole parental responsibility with requirements to consult the parents on some topics.