Milne and Moore and Ors

This matter concerned parenting orders for four children, C, D, E, and F. The dispute involved the father (the Second Respondent, Mr Rutherford) and the mother. The court was required to determine the living arrangements for the children and the nature and extent of the mother's contact with them, as well as to address concerns raised by two of the children regarding Mr H, the mother's partner.

The court was tasked with making interim orders regarding the children's residence and the mother's time with them, considering the welfare and best interests of the children. A significant issue was the need to ensure the safety of the children during contact with the mother, necessitating supervised visits. The court also had to consider restraining orders to prevent the children from having contact with specific individuals, namely the maternal grandfather, Mr B Milne, and Mr H.

In its reasoning, the court discharged all prior parenting orders and made new interim orders. The children were ordered to live with the Second Respondent, Mr Rutherford. The mother's time with the children was to be supervised, either by an agreed-upon supervisor or at a supervised contact centre, with specific conditions regarding the supervisor's obligations and the mother's ability to bring her baby daughter, G, but no other persons. Crucially, the court made orders restraining both parties from allowing the children contact with the maternal grandfather and Mr H. The Independent Children’s Lawyer was directed to liaise with the Department of Family and Community Services regarding an inquiry into allegations of sexual misconduct raised by two of the children concerning Mr H.