Miranda & Cales (No. 2)

This case concerned an application to vary interim parenting orders concerning two children, X and Y. The father, Mr Cales, was the applicant and the mother, Ms Miranda, was the respondent. The proceedings were before Altobelli J in the Family Court of Australia.

The primary legal issue before the Court was whether the existing interim parenting orders, which provided for supervised time between the mother and the children, should be varied to allow for unsupervised time. This required the Court to consider expert evidence regarding the mother's mental health, the availability of appropriate support services, and the potential risk of harm to the children, while also assessing the importance of maintaining a meaningful relationship between the children and both parents.

Altobelli J reasoned that while the mother had experienced a brief psychotic disorder in the past, expert evidence indicated she was not currently suffering from an acute psychiatric disorder. The Court noted that the mother was receiving ongoing treatment and medication, and that support services were in place. Balancing these factors against the importance of the children having a meaningful relationship with their mother, the Court concluded that the risk of harm was acceptable and could be managed appropriately, particularly with limited overnight time. Consequently, the Court found that unsupervised time was otherwise appropriate.

The Court ordered that the previous interim orders be discharged, save for one. The mother was to commence spending unsupervised time with the children, initially for limited periods during the day and on Saturdays, and then progressing to overnight stays pending the final hearing. The children were to live with the father at all other times. The Court also made specific orders regarding changeovers and directed both parents to engage with the children's play therapist and follow any recommendations made. No order was made as to costs.