Mullins and Mullins

In the matter of Mullins and Mullins, Berman J considered an application concerning the living arrangements and contact arrangements for three children. The dispute centred on the terms of orders to be made regarding the children's residence and their time spent with the father.

The court was required to determine the primary residence of the children, the nature and extent of the father's contact with them, and the conditions under which such contact should occur. Crucially, the court had to consider the necessity and form of supervision during the father's time with the children, as well as the arrangements for their handover.

Berman J ordered that the children live with the mother and spend time with the father on alternate Sundays between 12 noon and 7 pm. This contact was to be supervised by Ms E, or Mr F and/or Ms G, who needed to be substantially present and in the general vicinity, though not necessarily in constant physical proximity. The court also mandated the use of the Suburb H Contact Service for handovers, or alternatively, handovers at the Suburb H Police Station under specific conditions, including the father's exclusion from the station during handovers. An injunction was granted restraining the father from being in the vicinity of the police station for fifteen minutes before and after handovers. The supervision requirement would be discharged upon the father completing a minimum of four counselling sessions and providing a report to the mother indicating he posed no physical or psychological risk to the children.