Pavel and Pavel and Ors

This matter came before Ryan J concerning parenting disputes involving the children C, H, P, and N, and their parents, Ms B (the mother) and Mr Pavel (the father). The proceedings involved allegations of sexual abuse against Mr Pavel.

The court was required to determine interim parenting arrangements for the children, specifically addressing where the children would live, parental responsibility, and time spent with each parent. Further issues included the appointment of an expert to report on matters concerning the children, and orders restraining contact between Mr Pavel and the children, as well as the children attending health professionals in relation to the abuse allegations. The court also considered the supervision of Mr Pavel's time with the child C.

Ryan J made several interim orders pending further determination. For child C, the court ordered that C live with the mother and that she have sole parental responsibility, conditional on her residing separately from the father and not facilitating contact other than as ordered. The father was ordered to vacate the family residence. For child H, prior parenting orders were suspended, and pending further hearing, the parents were to have equal shared parental responsibility, with H to live with the father until 12.00 noon on 6 April 2012, and thereafter spend time with the mother on specified weekends and at other agreed times. The mother was permitted to communicate with H, but restrained from permitting H to speak with Mr Pavel. Dr Q was appointed as the court's expert to investigate and report on matters concerning all four children, with leave to interview them with Mr Pavel. The court also made orders restraining the children from attending health professionals regarding the abuse allegations and restraining Mr Pavel from approaching or communicating with the children except as ordered. Provisions were made for supervised time between Mr Pavel and child C, and for the assessment of a supervisor for this contact. The court also ordered the exchange of questions and answers between the parties regarding documents and granted leave for the issue of subpoenas. Finally, the court noted that particulars of the obligations and consequences of contravening these orders were set out in an attached Fact Sheet.