Unacceptable risk in supervised care of a parent

Where there is for a child an unacceptable risk in unsupervised care of a parent , the family courts may determine to make orders for supervised time at a contact centre or supervised time at a contact centre. In an extreme case, the court may determine that it is not appropriate that the child spend any time with the concerned parent, supervised or otherwise.

A decision that there is unacceptable risk in unsupervised care of a parent may be made where there has been family violence and/or where a parent’s mental state poses an unacceptable risk for the child. Each case will depend upon its own particular circumstances.

Contact our experienced Brisbane child custody lawyers or our North Brisbane child custody lawyers for effective advice regards any area of family law, including where there may be considered to be unacceptable risk in unsupervised care of a parent. We can assist you in all areas of family law, including parenting arrangements and family law property settlement. We will advise you regards likely outcomes for your particular circumstances. This will allow you to make an informed decision and to retain control over how your family law issue is resolved. You are also welcome to read on for further information right now………

In the recent decision of the Full Court of the Family Court of Australia in Elias & Elias [2019], the Court found that it was open to the trial judge to find that the child would be at an unacceptable risk in unsupervised care of the father based upon the history of family violence,the father’s mental state and the mother’s extreme anxiety.

In that case, the trial judge found that the father had engaged in coercive and controlling behaviour and that the father was at risk of suffering a further psychotic episode, having earlier suffered such an episode. The trial judge also found that the mother’s high level of anxiety is unlikely to abate if she considered that the child will be required to spend time with the father in circumstances which the mother would not regard as safe. The child’s best interests require that he have “a primary parent  whois functioning as parent at the best level possible”.

Contact our child custody lawyers Brisbane or child custody lawyers Brisbane Northside for advice concerning your family law issues, including any concerns that you may have regards unacceptable risk in unsupervised care of a parent.  We prioritise assisting our clients to reach an amicable agreement with their former partner, whether concerning family law property settlement, maintenance or parenting arrangements for their children. If however court action becomes necessary, we have the experience to represent you at Court.

The information set out in this blog is not a substitute for legal advice. We recommend that you obtain advice tailored to your particular circumstances from our child custody lawyers Brisbane or our child custody lawyers Brisbane Northside.

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