AHSAN & AHSAN

The parties in this matter were the parents of three children, B, C, and D. The dispute concerned interim parenting orders, specifically regarding the residence of children B and C. The court was faced with allegations that the children were at risk of alienation from their mother.

The primary legal issues before the court were whether to make interim orders for the children B and C to live with their mother, and to grant the legal representatives of the parties and the Independent Children’s Lawyer leave to inspect material from the Suburb X Local Court and NSW Police. The court also considered various consent orders relating to parental responsibility, school enrolment, and the father's contact with the children, as well as injunctive relief to protect the mother and children.

Hannam J made orders for the children B and C to live with their mother and for the mother to have sole parental responsibility for them. The court also ordered the father to deliver the children to Child Dispute Services, with a recovery order to issue if this was not complied with by 5 pm. The father was restrained from encouraging or allowing the children to be in his care or the care of his parents, except in accordance with orders or written agreement. Further, the father was subject to significant injunctive relief, including being restrained from contacting the mother and children, approaching their residences or school, and taking the children to correctional facilities. The court also ordered that the father not permit the children to have contact with Ms Y.

The court granted leave for the inspection of the specified materials and adjourned the proceedings part heard to 10 December 2018. Directions were given for the provision of transcripts and affidavits, and for written submissions on property matters. The father was ordered to leave the court precincts immediately after the hearing.