Hammons & Hammons

In the matter of DNC 657 of 2020, Ms Hammons was the applicant and Mr Hammons was the respondent. The dispute concerned orders relating to the welfare and best interests of the parties' children. The orders were made by Judge Young on 5 May 2021.

The court was required to determine a range of matters concerning the children's welfare, including their attendance at counselling, the arrangements for changeovers between parents, and the father's participation in a parenting program. Furthermore, the court needed to consider the provision of documents from Territory Families, Housing and Communities regarding abuse allegations and assessments, and the attendance of the parties and children for a family report. The court also had to address the process for the preparation and dissemination of this family report, including potential objections and the application of section 121 of the Family Law Act 1975.

The court made orders for the children to continue counselling and for changeovers to occur in specific locations with limited communication between parents. The father was ordered to complete a parenting program. Crucially, the court directed Territory Families, Housing and Communities to provide documents relating to abuse allegations and investigations concerning the children, pursuant to section 69ZW of the Family Law Act 1975. The court also ordered the parties and children to attend an assessment for a family report, outlining the matters the family consultant was to address, including the children's views, and the factors under sections 60CC, 61DA, and 65DAA of the Family Law Act 1975. Provisions were made for the handling and potential release of the family report, with specific attention to the confidentiality requirements of section 121 of the Family Law Act 1975.

The proceedings were adjourned to a trial call-over list on 1 October 2021, with directions for the parties to provide a summary of argument, minutes of orders sought, and a trial plan.