ALESSI & GROVES

In the matter of Alessi & Groves, heard by Judge Brown, the dispute concerned the breakdown of comprehensive final consent orders made in December 2016, in circumstances of high conflict between the parents of two children, aged 11 and 6. The parties disagreed on the implementation of recommendations from a family report, with the mother opposing interstate travel with the father at Christmas due to asserted physical and psychological risks to the children.

The court was required to determine the best interests of the children in light of the breakdown of existing orders and the mother's concerns regarding the proposed travel. Key issues included assessing the level of risk associated with the travel, considering the wishes of the children, and deciding on a proportionate response to the identified risks. The mother also sought an addendum to the family report.

Judge Brown reasoned that reinstating the original consent orders from December 2016 was the most appropriate interim measure, given the breakdown of the current arrangements and the need for a stable framework pending the final hearing. The court also made specific orders regarding communication between the father and the children, stipulating times for telephone calls and requiring the mother to ensure distractions such as gaming and social media were turned off. The final hearing was confirmed for April 2019, with directions for the filing and service of affidavit evidence and payment of setting down fees.