Mondy & Mondy

The case of Mondy & Mondy involved an interim hearing in the Federal Circuit Court of Australia concerning parenting arrangements for two children, X and Y. The father sought supervised time with the children, with the primary point of contention being whether this supervised contact should occur fortnightly or weekly. The children had not spent any time with their father since June 2020, and there were reciprocal domestic violence orders in place between the parents.

The court was required to determine appropriate interim parenting orders, specifically addressing the frequency and nature of the father's time with the children, and to consider the children's best interests in light of the existing circumstances, including the lack of recent contact, the domestic violence orders, and concerns raised in a family report. The court also needed to consider the parents' agreement regarding equal shared parental responsibility.

Judge Cassidy noted that both parties agreed to equal shared parental responsibility and that the father's proposals for supervised time were in the children's best interests. The court reasoned that weekly supervised time would provide regular contact, support X's relationship with the father, and assist Y in re-establishing her relationship with him. The court also ordered that the supervised time should be facilitated by therapeutic assistance, with the expectation that it would transition to unsupervised time relatively quickly.

The court made orders for equal shared parental responsibility, with the children to live with their mother and spend supervised time with their father weekly at a contact centre. Further orders included the parents engaging counselling services, with a recommendation to be provided regarding the commencement of unsupervised time. The court also mandated post-separation and anger management programs for both parents, the use of a communication app, and detailed provisions for communication, special days, and the exchange of information regarding the children's welfare and education. The matter was adjourned for mention in April 2021, with an Independent Children's Lawyer to be appointed.