C & C

This matter concerned contested applications for contact between a husband and his three children, E, N, and S. The dispute centred on the husband's application for overnight, alternate weekend contact, which the wife opposed, arguing it was too soon. The court had previously made interim orders for contact, which had evolved from supervised to supported arrangements. The case management process, including a report from a court counsellor, Ms H, and the assistance of a Child Representative, Mr Edney, had been instrumental in progressing the matter.

The primary legal issue before the court was to determine appropriate contact arrangements for the children, specifically whether to grant the husband's request for overnight contact. This required the court to consider the children's welfare, their expressed wishes, and the impact of any proposed changes on their stability and relationship with both parents. The court also considered the appropriateness and procedure of judicial interviews with children in family law proceedings, referencing relevant rules and case law.

Justice Guest conducted a judicial interview with the children, finding them to be delightful, comfortable, and at ease with the process. The children expressed affection for both parents and indicated a desire for more frequent contact with their father, including overnight stays. While E expressed some initial discomfort with unsupervised contact, this was understood to relate to past supervised arrangements. N and S were enthusiastic about overnight contact, and all children stated they felt safe with their father. The court noted the positive role played by Mr and Mrs W in facilitating contact and the children's preference to attend contact together.

Following the judicial interview and further discussions, the parties, with the assistance of their legal representatives and the Child Representative, negotiated Minutes of Proposed Consent Orders. These orders embraced the children's wishes and prescribed specific contact days, including overnight stays, at the father's home. The court made orders in terms of these minutes, marking them as Exhibit "A", and directed that the judgment be transcribed and placed on the court file. The matter was adjourned to 30 October 2006 for the potential presentation of final consent orders.