Hallow and Hallow and Anor

This matter concerned parenting orders for two children, X (born 2009) and Y (born 2011), who had special needs and had been in the care of their maternal grandmother for an extended period. The court was asked to determine the father's contact and communication with the children.

The central legal issue before Judge Altobelli was what parenting orders, if any, were in the best interests of the children, particularly given their special needs and their established care arrangements with the maternal grandmother. The court was required to assess whether even a modest proposal for contact and communication from the father would serve the children's welfare.

The court reasoned that the father's proposed contact and communication with the children was not in their best interests. Applying the paramount consideration of the children's welfare, the court made final parenting orders that significantly restricted the father's time and communication with the children. These orders permitted the maternal grandmother to facilitate limited contact, such as the father sending photographs or gifts, only at her discretion and if she deemed it appropriate, potentially after consulting with the children's treating psychologists. The father was also prohibited from attending the children's schools or residences.

Consequently, the court made final parenting orders in accordance with the Minute of Order of the Independent Children’s Lawyer, which detailed the restricted contact arrangements. All other outstanding applications were dismissed, and the matter was removed from the list of cases awaiting finalisation.