Hester and March

In the Family Court of Australia, Justice Forrest made orders by consent between Ms Hester (the Mother), Mr March (the Father), the Independent Children’s Lawyer, and Mr N. The proceedings concerned parenting arrangements for the parties' four children, C, D, E, and F. A significant aspect of the dispute involved an injunction granted against Mr March, restraining him from approaching, going near, or contacting Ms Hester, Mr March, Ms B, C, D, E, and F, either directly or indirectly, except through a solicitor's letter.

The court was required to determine the living arrangements for the children, the specific times and communication protocols for the children to spend time with the Mother, and the conditions under which such time would occur. Additionally, the court addressed the supervision of the children's time with the Mother and the role of the Independent Children’s Lawyer in facilitating therapeutic interventions for the Mother. The court also directed that a copy of the orders and reasons be provided to the Department of Communities, Child Safety and Disability Services.

Justice Forrest ordered, by consent and until further order, that the children shall live with the Father. The children are to spend time and communicate with the Mother at times agreed in writing, or failing agreement, on alternate weekends for six hours each day, with specific communication arrangements via SMS and telephone. The Mother's time with the children is to be supervised by a nominated supervisor, with provisions for potential overnight stays if a supervisor is secured. Crucially, the children's time with the Mother is conditional upon her obtaining a referral to and attending upon a psychiatrist, with the Independent Children’s Lawyer authorised to provide relevant documents to the treating professional. The matter was adjourned for mention, and the Registrar was directed to provide the orders and reasons to the Department of Communities.