Hugh and Sawer And Anor (Suspension of Parenting Orders)

In the matter of Hugh and Sawer, Bennett J of the Family Court of Australia considered an application concerning the suspension of existing parenting orders. The dispute involved the father, Mr Sawer, and the mother, Ms Hugh, regarding the time the parties' two children, E and H, would spend with their mother. The father had opposed any orders for the children to spend time with the mother prior to 20 October 2010 and was unwilling to agree to more extensive time arrangements.

The court was required to determine whether to suspend certain provisions of parenting orders made on 24 May 2010, and to establish interim arrangements for the children's time with their mother. Additionally, the court needed to consider the role of mediation in resolving the dispute and the participation of the paternal grandparents in that process. The court also had to address the communication between the independent children's lawyer and the paternal grandparents regarding their separate proceedings.

Bennett J ordered that the operation of specific paragraphs of the 24 May 2010 orders be suspended until 17 November 2010, while maintaining the mother's sole parental responsibility for the children. The children were to spend time with the mother from the conclusion of school on Wednesdays to the commencement of school on Thursdays, commencing 20 October 2010, and any other agreed time evidenced in writing. The court directed the independent children's lawyer to explain these orders to the children. Further, the matter was adjourned to 17 November 2010, with a requirement for the parties to attend. Crucially, the court ordered formal mediation services through the Child Dispute Section, with at least two sessions to occur before the adjourned date. The mediation was explicitly stated as not privileged, and a memorandum from the mediator was to be published to the parties and the independent children's lawyer by 12 November 2010, with the mediator available for cross-examination. The Director of Child Dispute Services was also invited to include the paternal grandparents in the mediation.