Duarte and Morse & Anor

This matter concerned an application by the mother for unsupervised time with her children. The children had previously been removed from the mother's care by NSW State Courts, and there had been a history of supervised time. Concerns were raised regarding risks posed in the mother's household, and the court noted that there had not yet been an opportunity to test the evidence relating to these risks. The children had not spent time with the mother for a significant period, and the final hearing was scheduled for some time in the future.

The primary legal issue before Le Poer Trench J was whether the mother should be permitted to spend time with the children unsupervised, given the history of intervention by state courts and ongoing concerns about her household environment. The court also had to consider the appropriate conditions to impose on any contact, balancing the children's welfare with the mother's desire for increased time with them.

The court reasoned that while the mother's application for unsupervised time could not be granted in full at that stage due to the unresolved risks and lack of testing of evidence, some supervised contact was appropriate. To facilitate this, the mother was required to sign and file an undertaking with the court, detailing specific conditions she must adhere to during her time with the children. These conditions included prohibitions on speaking negatively about the father, his religious beliefs, or the children's schooling, and ensuring the children were not exposed to such commentary from others. The court also stipulated that the mother's partner, Mr T, was not to be present during these times.

The court ordered that the mother would spend time with each of the three children every Saturday from 10 a.m. to 2 p.m. Changeovers were to occur at a specified location, with provisions for a single accompanying friend for both parents. The mother was permitted to show a copy of the court orders to Mr T. The Independent Children's Lawyer was directed to prepare a consolidated order document. The mother could apply to extend her time with the children and vary the terms of her undertaking after 1 August 2016. The court also noted a recommendation for the mother to have another person present during her time with the children to corroborate her adherence to the undertaking.