Fairfax & Fairfax

In the matter of *Fairfax & Fairfax*, Ms Fairfax (the applicant mother) sought a stay of orders made on 27 January 2021, which had been made taking into account the significant history of the case involving four children. Mr Fairfax (the respondent father) was the other party. The application was heard by Tonkin J.

The primary legal issue before the court was whether to grant a stay of the existing orders pending an appeal, and consequently, what arrangements for the children's time with their mother were in their best interests. The court was also required to consider the mother's ability to comply with court orders in light of past conduct.

Tonkin J refused the application to stay the orders made on 27 January 2021. However, noting that the appeal's hearing date was unknown and that the children had not spent time with their mother for two months, and in circumstances where neither the father nor the Independent Children's Lawyer opposed supervised time, the court considered it to be in the children's best interests to make orders for supervised time with their mother. The court applied the principle of the children's best interests in making these interim arrangements.

The court ordered that the application to stay the orders of 27 January 2021 be refused. Pending the appeal, the children were to spend supervised time with their mother on specific dates, including Easter Saturday and the following Saturday, with arrangements for supervision and location to be agreed by the parties, and in compliance with any Covid-19 restrictions. Further supervised time was to occur as agreed, and the parties were ordered to attend a Legal Aid Conference.