Bielen & Kozma (No 2)

In the matter of Bielen & Kozma (No 2), the court was presented with a stay application filed by the mother seeking to halt the operation of final parenting orders that restricted the children's contact with her. The children, aged six and four, were subject to orders that they not spend time with or communicate with the mother. The application was heard and ultimately dismissed by Judge L. Turner.

The primary legal issue before the court was whether the mother's application for a stay of the parenting orders should be granted. The court had to weigh various principles and considerations, including the risk of the appeal being rendered nugatory, the best interests of the children, and the potential impact on the children's living arrangements. Additionally, the court needed to assess whether the mother had an arguable case for the appeal and whether the children's living arrangements should remain unchanged in the interim.

Judge Turner dismissed the mother's stay application, finding that the best interests of the children weighed against any contact with the mother. The judge concluded that there was no evidence to suggest that the mother no longer posed an unacceptable risk to the children. Although the mother had participated in some counselling, she had not yet engaged in a therapeutic journey with a qualified therapist to address her long-standing and erroneous beliefs about the father and the impact of her behaviours on the children. The court found that it was in the best interests of the children not to have a relationship with the mother and therefore did not need to address the other considerations outlined in section 60CC of the Family Law Act 1975.

In light of the dismissal of the stay application, the court did not need to consider the mother's proposed interim parenting orders. The final orders of the court were that the mother's application, including the stay application in respect of the final parenting orders made on 1 August 2022, filed on 2 September 2022, be dismissed.