ASTON & FROST

In the matter of *Aston & Frost*, heard by Justice Austin, the dispute concerned the interim care arrangements for three children who had recently been removed from their parents by the Department of Human Services. The core of the proceedings involved determining the immediate parental responsibility and contact arrangements for the children, given an identified unacceptable risk of physical and/or emotional abuse if they remained with either parent.

The court was required to determine who should hold parental responsibility for the children pending further order and to establish a schedule for supervised time between the children and each of their parents. The court also needed to consider the role of the Department of Human Services in overseeing these arrangements and in making future determinations regarding the frequency and supervision of contact.

Justice Austin reasoned that, due to the unacceptable risk of harm, the Minister for the Department of Human Services should be allocated sole parental responsibility. The court ordered that for an initial period, the children would spend supervised time with each parent for one hour, twice per week. Subsequently, from a specified date, the children were to spend time with each parent on at least one occasion per week for one hour, with the Department to determine the frequency and necessity of supervision for this ongoing contact. Leave was also granted to the Department to photocopy subpoenaed material under strict conditions of non-publication.