BENTLEY & BENTLEY

In the matter of *Bentley & Bentley*, Loughnan J considered an application concerning the parental responsibility and time arrangements for a child. The dispute arose between the mother and father, with the mother seeking an order to prevent supervised contact from occurring at the paternal grandparents' home. The court had to determine whether to accede to the mother's request or permit contact at the paternal grandparents' residence, as proposed by the Independent Children's Lawyer.

The central legal issue before the court was the appropriate location for supervised child-father contact, given the mother's concerns about her anxiety and the father's past violent and controlling behaviour towards her, as well as allegations of inappropriate conduct towards the child. The court was required to balance the child's right to spend time with the father against the need to ensure the child's safety and the mother's well-being. The court also considered an application for costs made by the Independent Children's Lawyer against both parties.

Loughnan J made consent orders reflecting a terms of settlement, which allocated sole parental responsibility to the mother and ordered that the child live with her. The orders established a phased approach to supervised time with the father, commencing at a contact centre and progressing to supervision by an agency. Crucially, the court ordered that this supervised time, after the initial contact centre phase, could take place at the home of the paternal grandparents, thereby not acceding to the mother's specific request to prevent contact at that location. The court also ordered costs to be paid by each party to the NSW Legal Aid Commission, subject to potential waivers.