Halstead and Lees and Anor

This matter concerned parenting and property settlement applications between the father and mother of two children, [X] and [Y]. The paternal grandmother, Ms Halstead, also sought orders for time with the children. The proceedings were before Judge Brown.

The court was required to determine the interim living arrangements for the children, including the extent of time they would spend with their paternal grandmother. Additionally, the court needed to consider the father's application to restrain the mother from taking the children to a particular church and to make interim orders regarding the parties' property and financial affairs, including the sale of a motor vehicle and access to superannuation.

In relation to parenting, Judge Brown ordered that the children live with the mother and that she be responsible for parenting decisions. The children were to spend time with the paternal grandmother on alternate Sundays, supervised by the maternal grandmother at the maternal great-grandmother's home. The court also ordered that if the children enquired about the father, they were to be told he was "away working". The father's application to restrain the mother from attending church with the children was dismissed. Interim property orders included authorising the father to sell his motor vehicle to fund his legal costs, and authorising the mother to draw down an equivalent amount from her savings account for her legal costs. The mother was restrained from diminishing her assets, except for ordinary business or living expenses. The father was ordered to inform the mother's solicitor of any applications made regarding his superannuation and the outcomes thereof. A family assessment report was ordered, and the proceedings were adjourned for further hearing.