BANHAM & BANHAM

In *Banham & Banham*, heard by Judge McNab, the mother sought to vary existing parenting orders due to concerns about the risk of children travelling during Stage 3 "Stay at Home" restrictions imposed by the Victorian Government due to COVID-19. The father opposed this application.

The central legal issue before the court was whether the existing parenting orders, which mandated the children spend time with the mother, should be suspended or modified in light of the public health crisis and the associated government restrictions. The court was required to balance the children's best interests, including their relationship with both parents, against the risks posed by travel and potential exposure to COVID-19.

Judge McNab reasoned that the prevailing government restrictions created an unacceptable risk to the children's health and safety if they were to travel. Consequently, the court ordered a suspension of the existing time-spending provisions of the parenting orders during the currency of the restrictions. Instead, the court facilitated communication between the children and the mother through electronic means, specifying times for such contact during school holidays and term time, and requiring the father to ensure the children had the necessary devices. The court also made provisions for make-up time once restrictions were lifted and addressed potential future contingencies, such as the father contracting COVID-19.