Hall and Hall (No. 2)

In *Hall and Hall (No. 2)*, the Family Court of Australia considered applications by both Ms Hall (the wife) and Mr Hall (the husband) concerning interim parenting orders for their two children. The dispute centred on the extent and conditions under which the children would spend time with their father, particularly in light of previous supervision orders and allegations concerning the father's conduct.

The court was required to determine whether to discharge or vary existing supervision orders for the father's time with the children, and whether to appoint independent supervisors. The wife sought the appointment of independent supervisors, while the husband sought the removal of supervision requirements or the approval of specific individuals he nominated. The court also considered the husband's application for "compensatory time" and the wife's response seeking dismissal of the husband's application and the appointment of independent supervisors.

Justice Dawe applied the paramount consideration of the children's best interests under section 60CA of the *Family Law Act 1975* (Cth). The court acknowledged the benefit to the children of a meaningful relationship with both parents, which might suggest an increase in time with the father. However, this was balanced against the wife's concerns regarding the children's psychological and physical health, and the need to protect them from harm, as outlined in section 60CC of the Act. The court noted that the husband had previously failed to comply with supervision orders, as evidenced by an affidavit from a private investigator and the husband's admission.

The court ordered that existing interim orders, including those requiring supervision, would continue pending a final hearing. The husband's application to discharge supervision orders was dismissed. Crucially, the parties were ordered to arrange for an independent supervisor from a specified list to be appointed within fourteen days, with the husband to bear the costs. The children's time with the father was to be supervised at all times by this independent supervisor, with specific arrangements for school terms and holidays detailed. The court also made orders regarding communication between the parents via a communications book and scheduled a further family report to be prepared by Dr A.