JEFFORD & JEFFORD

In the matter of *Jefford & Jefford*, heard by Cleary J, the dispute concerned interim parenting orders for two young children. The parties had agreed that the children would continue to live with the mother. However, a significant issue arose due to the children having had no contact with the father for five months and no communication for three months. The mother alleged the father posed an unacceptable risk of harm, citing the older child's witnessing of a sexual act by the father and its impact. The father sought informal supervised time, while the mother proposed no time or formal supervision.

The court was required to determine the appropriate interim parenting arrangements, specifically whether to order supervised time with the father and, if so, the nature and extent of that supervision. A key consideration was balancing the risk of the children being exposed to further sexual acts by the father against the potential for estrangement from him if contact ceased entirely. The court also had to consider the allocation of parental responsibility under section 61DA(3) of the Family Law Act.

Cleary J reasoned that supervised time offered the most minimal risk to the children, and that such risk was not at an unacceptable level. The court found that supervision by the paternal grandmother would provide adequate protection. Consequently, the court ordered that the children spend supervised time with the father on one occasion per week, alternating between formal and informal supervision. The court also ordered no allocation of parental responsibility, deeming it inappropriate in the circumstances. The orders further stipulated specific arrangements for supervised visits, including the supervisor, times, and locations, as well as provisions for communication via FaceTime and the delivery and collection of the children.