A Sydney Family Court judge has ordered a number of restrictions for the parents of a seven-year-old — among them, the mother must not expose the child to her spiritual belief in witchcraft.

The restriction is one of 27 imposed on the couple by Justice Lee Anne MacLeod-Archer in hopes of settling a high-conflict relationship between the parents that has been ongoing in court for most of the child’s life.

In a decision released this week, the judge noted the child is described as bright, articulate, charming and pleasant but now displays signs of anxiety, aggression and hyperactivity and is at risk of developing further mental illness as a result of the conflict between her parents.

“It’s clear the child has seen and heard a lot of arguments and conflict. Sadly, when asked to draw a picture of her family, she pictured herself standing apart from her family members,” said the judge.

When asked to explain why she placed herself standing apart, the child explained, “Just doing nothing … I was tired. That’s how my life rolls.”

The names of the parents were not reported by the judge in order to protect the identity of the child.

The father halted visitations by the mother for nearly a year contending the mother was not adhering to health restrictions imposed as part of Nova Scotia’s response to the COVID-19 pandemic.

CHILD COMES FIRST

MacLeod-Archer concluded that a previous order of shared custody with the father as primary caregiver is to continue and rejected the mother’s claim for custody.

“The mother frames her submissions in terms of parental rights. But those rights are trumped by the best interests of the child,” ruled the judge.

MacLeod-Archer also wrote that the mother asked the court not to punish her for having a mental illness.

“This decision is not about punishment. It’s about what parenting plan is in the child’s best interests. Shared parenting requires a level of co-operation that is not present in this case,” said the judge, adding the mother will have access, without the father’s consent, to discuss her child’s welfare and progress with teachers, doctors, counsellors and therapists.

The mother admitted to the court she has not been seeking cognitive behavioural therapy as recommended but that she intends to do so.

The mother has told her child things that no child should be hearing including the details of the murder of a friend of the mother’s and that the child’s father did not want her to be born.

“That type of deliberate damage to the child’s trust and love for the other parent is unacceptable and it must never happen again,” said the judge.

The court was also told that while at the mother’s home, the child was allowed to watch scary movies and play violent/adult-themed games which the judge said were not appropriate for a child of her age.

The father also expressed concern that the child has been exposed to witchcraft.

“A child of seven years old, who is already exhibiting signs of anxiety and stress, and who is at risk of developing further mental health challenges, is far too young to be exposed to witchcraft,” ruled MacLeod-Archer, adding that day may come when the mother can explain her beliefs to her child but that can only come with permission of the father.

RELIGIOUS FREEDOM

The mother vowed not to let the child visit her altar located in the home.

“I am concerned about her (the mother’s) willingness to comply with this restriction. She may view it as an infringement on her religious freedoms, much as she views the requirement to wear a mask as an infringement on her personal liberties,” said the judge.

“If that is the case,” said the judge, “the mother must realize that her right to practise her beliefs is not affected by my decision. It is only the sharing of her beliefs with the child that is.”

During the hearing, the mother said she considered the pandemic a hoax and does not agree with being compelled to wear a mask and that the current health restrictions are a bit much.

The restrictions ordered by MacLeod-Archer include that both parents comply with all public health directives during the current pandemic, and they not discuss or question the child about the other parent’s personal life or activities.

All adult-themed movies and games portraying paranormal, supernatural, violent or sexualized stories are not to be shown or made available to the child.

The mother is also prohibited from exposing the child to symbols relating to her spiritual belief.

When it comes to communication, the parents will only converse via text or email and all such communications are to be child-focused, cordial and to the point.

The child is not to be shown or hear any discussions concerning court proceedings. Neither side is allowed to post any comment, music, poems or photos on social media about the other parent and any existing posts are to be removed.

Both parents were also ordered to enrol in counselling and the father is to make arrangements for the child to have counselling to help deal with the emotional impact of the parental conflict.