Colombo & Richardson (No 3)

This matter concerns an application by the Maternal Grandmother for a stay of orders pending an appeal. The proceedings involve Ms Colombo (Applicant), Ms Richardson (First Respondent), and Mr West (Second Respondent), with O'Shannessy J presiding. The dispute centres on whether supervised time between the children and their Mother should continue pending the hearing of the Maternal Grandmother's appeal from earlier decisions.

The primary legal issue before the court was whether to grant the Maternal Grandmother's application for a stay of the supervised time orders. This required the court to consider the best interests of the children, the potential impact of granting or refusing the stay on the children's relationship with their Mother, and whether the appeal would be rendered nugatory if the stay were refused. The court also had to balance the principle of maintaining parental relationships where safe to do so against the potential for harm or disruption to the children.

O'Shannessy J dismissed the Maternal Grandmother's application for a stay. The court reasoned that granting the stay would put the children's recently re-established relationship with their Mother on hold for an extended period, which was not in their best interests. The judge found that the supervised visits had proceeded well and that the children retained affection for their Mother, supporting the continuation of the parental relationship under section 60CC(2A) of the Family Law Act 1975 (Cth). The court noted that it was not reviewing its own previous decisions but was required to consider the children's best interests at that point in time, and found no evidence that the supervised process would cause damage to the children, despite the Maternal Grandmother's assertions. The Independent Children's Lawyer supported the continuation of supervised visits and opposed the stay.