Halstead and Lees & Anor (No 4)

This matter concerned an application by the father regarding time spent with his two children, X and Y. The dispute arose in the context of family law proceedings concerning the children's living arrangements. The decision was made by Berman J of the Family Court of Australia.

The court was required to determine whether to grant the father's application for observed time with the children, following a period of two years where he had not seen them. A further issue was whether a finding made in error during the proceedings warranted reconsideration of the overall determination.

Berman J considered a report from a family consultant which was favourable regarding observed time between the father, the paternal grandmother, and the children. The judge found that while an error had been made in a previous finding, it was not the pivotal factor in the court's overall determination. Consequently, the court made orders for the father and paternal grandmother to spend supervised time with the children on specific dates, subject to certain conditions regarding the duration of visits and their reportable nature. The court also made a conditional order relating to proposed overseas travel for the children.