Miranda & Cales

In the matter of SYC 8016 of 2019, Ms Miranda (the applicant mother) and Mr Cales (the respondent father) were before the court concerning parenting arrangements for their children. The court was required to determine interim parenting orders, particularly in light of concerns raised about the mother's mental health and the potential risk to the children under her care. A single joint expert report had been provided, and the court considered evidence presented by the mother, noting that it appeared selective.

The central legal issue before Altobelli J was the appropriate interim parenting arrangements to ensure the safety and welfare of the children, given the concerns about the mother's mental health and the perceived risk of harm. This involved assessing the evidence presented, including the expert report, and forming an impression of the children's risk under the mother's care. The court needed to balance the mother's right to spend time with her children against the paramount consideration of the children's best interests and protection from harm.

Altobelli J formed an impression that the children were at risk of harm if they remained in the mother's sole care. Consequently, the court made interim orders that the children were to live with the father at all times, except for supervised time with the mother. These supervised visits were detailed, specifying days, times, and the requirement for specific supervisors to provide undertakings to the court. The mother was also restrained from driving the children and was prohibited from operating a motor vehicle in which the children were passengers. The court also granted expedition for the matter to be heard at the earliest convenience.