Ori and Okonkwo

In the matter of Ori and Okonkwo, Stevenson J considered an application concerning the parenting arrangements for two children, S and D. The dispute centred on the father's application to remove the requirement of supervised contact with the children, which the mother strongly opposed due to her fears regarding his trustworthiness and ability to care for them.

The court was required to determine the best interests of the children in accordance with section 60CC of the Family Law Act 1975 (Cth). Specifically, the court had to assess the likely effect of any changes in the children's circumstances, including the impact of separation from either parent, and the capacity of each parent to provide for the children's needs, including emotional and intellectual needs. The court also considered the practical difficulty and expense of the children spending time with their father.

Stevenson J noted the mother's willingness to facilitate the children's relationship with their father, despite her reservations. The court found that the proposed change of unsupervised contact was not likely to be contrary to the children's best interests, particularly in light of expert recommendations for short periods of unsupervised time and the absence of expert evidence from the mother opposing such contact. While acknowledging that some of the mother's fears regarding the father's trustworthiness and potential to remove the children from Australia might have some justification, the court was not satisfied that these fears, on their own, warranted continued supervision.

Consequently, the court discharged all existing orders and made new orders for the children to live with the mother and spend time with the father under specific conditions, including provisions for notice and restraints on removing the children from Australia. The court also ordered that the children remain on the Watch List and that all subpoenaed material be returned.