Cannon & Jackson 2015 FamCA 347

Children were aged 8 years, 6 years and 18 months.  The children showed a stronger attachment to the mother as illustrated after they had been separated from the mother for a period of ten days.

The mother had a history of using cannabis, and had participated in substance abuse programmes on three occasions.  The mother reported not using cannabis for 12 months before the hearing.

The judge criticised the father for replacing formula feeding with cow milk for the infant while the infant was in his care without consulting the mother.

The single expert witness submitted that the infant required regular contact with both parents until the age of four years, and opposed separating the infant from the older siblings (sibling relationship).  The judge ordered that the children all live with the mother and spend time with the father, with the infant to spend alternate weekends and a further two overnight stays per fortnight with the father until the infant was four years of age.