Department of Communities and Justice and Coley & Anor

In the matter of *Department of Communities and Justice and Coley*, Rees J of the Family Court of Australia considered an application for the appointment of a Case Guardian for the mother and interim parenting orders concerning the child, X. The mother had sustained severe injuries from a fall, and the Department of Communities and Justice sought orders regarding the child's time with the mother, amidst allegations of sexual abuse by the child's half-brothers.

The court was required to determine whether the appointment of a Case Guardian for the mother was necessary, given her injuries but continued capacity to provide instructions to her legal representatives. Additionally, the court had to consider the interim parenting arrangements for the child, specifically whether there was an unacceptable risk to the child given the allegations of sexual abuse, the doubts surrounding those allegations, and the child's expressed desire for a relationship with her brothers.

Rees J dismissed the application for a Case Guardian, finding that the mother remained competent to give instructions and that her legal representatives could effectively take instructions from her. Regarding the interim parenting orders, the court noted that all relevant evidence had been presented and that the child sought contact with her brothers. The court concluded that there was not an unacceptable risk to the child, particularly as the mother's time with the child was to be supervised. Consequently, the court ordered that the child would spend supervised time with the mother once a month, as directed by the Department of Communities and Justice, with this arrangement subject to ongoing review.