Parenting Capacity – Father’s poor driving record considered a risk to child

In the case of Chiles & Patrenko [2024] FedCFamC1A 112 the father successfully appealed against orders made by the trial Judge. The trial Judge had ordered that the father’s time should be supervised overnight between 7.30pm and 9am as a result of his poor driving record.

Over the past 20 years the father had committed many driving offences which resulted in his licence being suspended at least 10 times for loss of demerit points, fines of over $18,000 and total suspension of at least 5 years.

The mother started court proceedings in 2018, and soon after the arrangements were for:

• The father to spend time with the child during the day;
• His time was to be supervised by his parents;
• He was restrained from driving with the child in the car;
• He was restrained from consuming alcohol 24 hours prior to the child coming into his care.

That changed from 5 May 2019, when the orders provided for:

• The father’s time with the child to increase to overnight
• No requirement for supervision of his time;
• He was permitted to drive with the child in the car

On 27 November 2023 the trial Judge made orders that for 2 years the father’s time with the child had to be supervised by his parents between the hours of 7.30pm and 9am. And if they could not provide supervision then his time with child would be reduced to day time only.

The father appealed the order for supervision between 7.30pm and 9am, arguing that the trial Judge offered no cogent reason why he would be more likely breach the orders during the hours overnight as opposed to the daytime hours.

The father’s appeal was successful.

Why is this important?
Parents may have various limitations, at various times, to their parenting capacity. In the vast majority of cases, it will be found that it is in the child’s best interests to maintain a relationship with that parent, but in a way that mitigates risk to the child. Every family and every situation has to be considered according to its own unique circumstances. Almost every parent can identify at least one aspect of their parenting they can improve. Addressing their limitations head on can make a significant difference to them, their child and their case in Court. Similarly if you are concerned about the parenting capacity of your child’s other parent, then it is important to be able to give the Court weighty evidence to support the limitation you are seeking.

Disclaimer: This article is intended to provide a general understanding of the subject matter. It should not be relied upon as legal advice. For specific legal advice related to your situation, please call Sarah Bevan Family Lawyers 02 9633 6088.