DUARTE & MORSE

In the matter of *Duarte & Morse*, Le Poer Trench J considered applications by the mother concerning her time with the children. The dispute centred on the terms and conditions under which the mother could spend time with her children, including the presence of her partner, Mr T, and the supervision arrangements.

The court was required to determine whether the appointment of the Independent Children’s Lawyer (ICL) had been discharged, and to rule on the mother's applications to attend a school fete and for further orders filed on 19 February 2015. Additionally, the court had to consider and make orders based on a Minute of Proposed Further Interim Orders put forward by the ICL, and to address the specific conditions surrounding the mother's time with the children, particularly in relation to Mr T and the supervision arrangements.

Le Poer Trench J reasoned that the ICL's appointment had not been discharged by previous orders. The court dismissed the mother's oral application to attend the school fete and her filed application of 19 February 2015. The court then made orders, largely adopting the ICL's proposed Minute of Order, which stipulated specific supervised time for the mother with the children. Crucially, the court ordered that Mr T be restrained from being present at the mother's home when the children were there and from approaching within 100 metres of the children or the home. The court also amended a previous order regarding the children's preschool arrangements. It was noted that no finding had been made that Mr T had harmed the children.