Ashmore & Marsh

In the matter of MLC 6491 of 2018, Ms Ashmore (the Applicant) and Mr Marsh (the Respondent) appeared before O'Shannessy J of the Federal Circuit Court of Australia. The dispute concerned the welfare of the parties' two children, X and Y, following their separation in 2013. The proceedings involved allegations of family violence by the Mother, denial by the Father, and significant involvement of child protection services, including the children being placed with their maternal grandmother and the Father's conviction for child pornography offences.

The court was required to determine the future arrangements for the children's time with their Father, particularly in light of the B Children's Contact Service's policy limiting supervision services to two years. The Father had been seeing the children at this service since November 2019, with interruptions due to the COVID-19 pandemic.

O'Shannessy J noted the history of the proceedings and the Father's criminal convictions. The court acknowledged the importance of the B Children's Contact Service in facilitating the children's relationship with their Father. To address the impending expiry of the two-year supervision limit, the court directed the Independent Children's Lawyer to liaise with the contact service to explore potential adjustments or accommodations to the policy, enabling the children to continue spending time with their Father. The court also reminded the parties of the strict confidentiality provisions under section 121 of the Family Law Act 1975 (Cth).

The court ordered that the part-heard final hearing be adjourned to a date to be advised in the Federal Circuit Court of Australia at Melbourne. The Independent Children's Lawyer was directed to communicate with B Children's Contact Service regarding the possibility of extending supervision services for the children.