Biggs and Biggs and Ors

The Family Court of Australia considered an application by Ms Biggs (the mother) for changes to interim parenting arrangements for her two children, R and S. The dispute involved the mother's time with the children, who were residing with their father, Mr Biggs, and the role of the maternal grandparents, Mr and Ms Tindale. The mother was undergoing a rehabilitation program at C Centre for alcohol and drug abuse, and the court was assessing whether to alter previous orders that favoured the maternal grandparents.

The court was required to determine the extent and nature of the time the children should spend with their mother during her rehabilitation, and whether the existing interim orders favouring the maternal grandparents should be varied or discharged. Key issues included the frequency and duration of the mother's contact with the children, the appropriateness of professional supervision during these visits, and the ongoing involvement of the maternal grandparents in the children's lives. The court also considered the recommendations of the children's treating psychologist and a representative from the rehabilitation facility.

Justice Watts applied the paramount principle of the children's best interests. The court was satisfied that the mother had made significant progress in her rehabilitation. Adopting the recommendations of the children's treating psychologist, the court ordered that the children spend time with the mother fortnightly, for one day each fortnight, commencing at 9:00 am and concluding at 1:00 pm. Crucially, the court concluded that it was in the children's best interests to have a professional supervisor present during all periods of time the children spent with their mother, including at the maternal grandparents' home and at the rehabilitation facility.

Consequently, the court discharged the previous interim orders made in favour of the maternal grandparents and made new arrangements for their time with the children. The father was ordered to pay the costs of the professional supervisor. An Independent Children's Lawyer was to be appointed to represent the children, and the court directed that the orders be in place for a period of six months, subject to review.