Maitland and Maitland (No. 2)

This matter concerned an application before Guest J in the Family Court of Australia, brought by the parties, Maitland and Maitland. The dispute revolved around orders concerning the time spent and contact between the child of the marriage and the Wife.

The court was required to determine the terms of contact between the Wife and the child, including specific conditions and limitations on that contact. Key issues included the Wife's compliance with alcohol breath testing requirements, the supervision of changeovers, and the Wife's interaction with a Mr B. The court also considered the need for a Family Report and the involvement of a Family Consultant, as well as the issuance of subpoenas for various individuals and institutions.

Guest J made orders suspending all existing contact between the Wife and the child until further order, and then set out a revised schedule for the Wife to spend time with the child. These arrangements were made conditional upon the Wife undertaking alcohol breath tests at the commencement and conclusion of contact, with specific BAC limits. The court also restrained the Wife from leaving the child unattended with Mr B and directed both parties to attend upon a Family Consultant for a report, with specific requests for the participation of Mr B and Ms M. The Independent Children's Lawyer was granted leave to issue subpoenas to several individuals and institutions, and the parties were ordered to file affidavits and provide documentary evidence. The court also noted potential consequences for the Wife if Mr B was not involved in the Family Report.