GALLEGO & MACKWETH

In *GALLEGO & MACKWETH*, heard before Rees J, the father sought supervised time with the children. The mother opposed this application, alleging domestic violence by the father. Crucially, the children had expressed fear of the father and had given evidence against him in criminal proceedings. The father contended that supervised time would assist the Court and the single expert in preparing their report by allowing the children to come to terms with their fear.

The central legal issue before the Court was whether to grant the father's application for supervised time with the children, given the allegations of domestic violence and the children's expressed fear and prior evidence against the father. The Court was required to consider the paramountcy of the children's best interests in determining this application.

Rees J gave the greatest weight to the protection of the children from further psychological harm. The Court's reasoning focused on the potential for harm to the children if they were subjected to supervised time with a father against whom they had expressed fear and given evidence. The Court applied the principle that the welfare and protection of children from harm are paramount considerations in family law proceedings.

Consequently, the Court made orders dismissing the father's application.