BOSWELL & BOSWELL

The matter before the court involved the parents, referred to as the father and mother, in a dispute concerning parenting arrangements for their three children. The father had sought to relist the matter due to alleged non-compliance with previous orders, however, no formal proof of such non-compliance was established. The court was therefore required to consider the father's request for leave to make an oral application to clarify existing interim parenting orders.

The court was tasked with determining several key issues. Firstly, whether the father should be granted leave to make an oral application for clarification of the interim parenting orders. Secondly, the court needed to address the need for clarification or supplementary orders regarding certain issues that had been decided with short-form reasons. Finally, the court had to make orders regarding the ongoing conduct of the proceedings, including the preparation of a final hearing, the involvement of experts, and the exchange of evidence.

Bennett J made a series of orders aimed at progressing the matter towards a final hearing and ensuring the children's best interests were paramount. The court vacated a previous mention date and scheduled the final hearing for July 2019. Crucially, the court ordered that the children attend an assessment with a paediatrician for behavioural issues and that the parties follow the paediatrician's recommendations. The court also clarified how time arrangements would resume after suspensions during school holidays and special occasions. Furthermore, a full family report was ordered to be prepared, with specific matters to be addressed by the family consultant, including the children's views, the parents' capacity to cooperate, and recommendations for resolution. The court also made directions regarding the filing of evidence, undertakings as to disclosure, and the preparation of court materials for the final hearing.

In addition to these directions, the court dismissed the father's applications for further injunctions for his personal protection and for alterations to interim mid-week time arrangements and time arrangements for Pesach. The court also made orders restraining the mother from approaching or remaining within a specified distance of the father, except when required for parenting exchanges. Finally, the court attached a fact sheet detailing the obligations and consequences of contravening the orders.