GLOVER & STODDARD

In *Glover & Stoddard*, heard before McClelland J, the applicant wife sought the discharge of an interim injunction. This injunction had previously restrained the respondent husband from residing with the wife or spending unsupervised time with the children when they were in the wife's care. The respondent husband opposed the discharge of the injunction concerning unsupervised time and sought an increase in his own time with the children, specifically when the wife's husband was staying with her.

The court was required to consider the application for discharge of the injunction, particularly in light of the provisions of section 60CC of the relevant legislation. The central legal issue was whether the existing restraints on the respondent husband's time with the children should remain in place, or be varied, given the circumstances presented.

McClelland J reasoned that no risk to the children had been identified that would justify the continuation of the injunction. Applying the principles relevant to interim family law proceedings concerning children, and finding no evidence of harm or risk, the court determined that the injunction should be discharged.

Consequently, the orders of the court were that the injunction be discharged.