Hinman and Hinman and Anor

This matter concerned orders made by Judge Riley regarding the communication and contact arrangements between the father and his children, Y and X. The proceedings involved Mr Hinman, acting in a supervisory capacity, the father, and the mother. The core of the dispute revolved around establishing a framework for contact between the father and the children, particularly in light of the father's incarceration and concerns regarding his conduct and substance use.

The court was required to determine the terms and conditions under which the father could communicate with and spend time with Y and X. This included establishing protocols for telephone and video calls, supervised contact at a contact centre, and eventually unsupervised time. Key issues included the father's abstinence from illicit substances, his behaviour during contact, and the role of Mr Hinman in facilitating and supervising these arrangements. The court also addressed communication between the father and the paternal family, as well as general provisions concerning the children's welfare and the conduct of the parents.

The court's reasoning, as reflected in the orders, prioritised the safety and well-being of Y and X. A graduated approach to contact was adopted, commencing with limited, supervised communication and progressively increasing the level of contact and unsupervised time, contingent upon the father's demonstrated compliance with strict conditions. These conditions included regular hair follicle testing to prove abstinence from illicit substances, engagement with a contact centre, and refraining from abusive or inappropriate behaviour. Mr Hinman was granted significant discretion to supervise, terminate, or cease contact if the father's conduct warranted it, with provisions for the father to apply for further orders. The orders also imposed injunctions on all parties to prevent denigration of each other and discussion of the family law dispute in the presence of the children, and to ensure the children's protection from individuals engaged in criminal activity.