conflict over child access

July 28, 2022

Louise, 26, sought help and advice from PCLC when her former partner David 28, had applied for parenting orders, in relations to their son, Toby, aged 3.  Prior to this application, David hadn’t seen his son for a year.

Louise and David’s relationship had broken down because of David’s drug use which had led to psychotic episodes. Whilst under the influence of drugs and in a psychotic state, David had inflicted severe physical violence on Louise.

Louise had sought and been granted a ‘no contact’ intervention order against David because of the serious family violence committed.

In the family law proceedings an interim court order was made whereby David was allowed to spend time with Toby if supervised by David’s own father.

As part of the process of determining the best outcome for both Louise and her son Toby, we arranged a Family Dispute Resolution Conference through Legal Aid. At the time of the conference, David presented as drug free and spoke of his successful rehabilitation. Louise agreed to David seeing Toby unsupervised.

Unfortunately, David started using drugs again and his behavior became erratic and violent. Louise was very concerned about Toby’s safety. Because of the potential risk to Toby, David was notified that he would need to now abide by the original court orders of supervised contact only. However, at the next changeover, David showed up to collect Toby without his own father being present to supervise. David was also agitated and verbally abusive and Louise was very distressed
and concerned.

As the previous arrangements were no longer working, another Family Dispute Resolution Conference was held. In this, the parties agreed that David would have supervised time with Toby at a contact centre. It was further agreed that if David provided 5 clean drug screens within a four month period, his time with Toby could be supervised by a family member. He was also required to undergo a psychological assessment.   David and Louise have another Family Dispute Resolution Conference scheduled.

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