CHRISTY & YOUNG

This matter concerned parenting orders for two children, X and Y, born in 2014 and 2016 respectively. The proceedings were before Hannam J in the Federal Circuit and Family Court of Australia. The court was required to determine the living arrangements and time spent between the children and their parents, as well as the conditions under which such time would occur.

The central legal issues before the court were the determination of the children's primary residence, the extent of the father's time with the children, and the necessary safeguards to ensure the children's welfare during that time. The court also had to consider orders restraining the parties from discussing the proceedings with the children or denigrating each other in their presence, and from publishing information about the proceedings or the children on social media.

Hannam J ordered that the children live with the mother and discharged all previous parenting orders. The father was granted time with the children on the first and third weekends of each month, from 10:00 am to 6:00 pm on the Saturday. Crucially, this time was to be supervised by the paternal grandparents, Ms B and Mr C, or either of them. The supervision conditions included ensuring the grandparents were present with the children when with the father, that the children were not left with the father's wife, and that the children be removed from the father's care if they experienced distress caused by him. Further orders detailed the process for changeovers, communication between the parties and the grandparents, and strict prohibitions against discussing the proceedings with the children or denigrating the other parent.