FAULCONER BLAN & BLAN

This matter came before Rees J concerning interim orders in family law proceedings. The parties involved were the husband and wife, with the Commissioner of Police also a party due to a subpoena for physical items. The dispute centred on arrangements for the children, access to subpoenaed items, and the terms of interim parenting orders.

The court was required to determine the terms of interim parenting orders concerning the children's living arrangements, time spent with each parent, and the nature of that time, including supervision. Additionally, the court had to consider and make orders regarding access to and handling of items seized under a subpoena, and the implications of any apprehended violence orders in relation to the interim parenting arrangements. The court also needed to address communication between the parents and children, and the prohibition of discussing sensitive matters with the children.

Rees J made orders by consent regarding the subpoenaed items, excusing the Commissioner of Police from producing the physical items and instead ordering they be kept at a police station, with access granted to legal representatives and experts under specific conditions and supervision. The court then made interim orders until further order, dictating that the children live with the wife. The husband was granted supervised time with the children for three hours every second Sunday, with the husband to bear the costs of supervision. The court also ordered that any inconsistent apprehended violence orders would be superseded by these interim orders. Furthermore, both parents were restrained from discussing criminal law, family law, or marital breakdown issues with the children unless advised by a qualified professional. The husband was permitted supervised telephone or Skype communication with the children on specified evenings and alternate Sundays, with the wife to facilitate these communications. Liberty was granted for the parties to email each other regarding variations to these communication times. Finally, the court incorporated a Fact Sheet detailing the obligations and consequences of contravening these orders, pursuant to Sections 65DA(2) and 62B of the relevant legislation.