POLLOCK & BREEN-POLLOCK

The case of Pollock & Breen-Pollock involved an application before Hannam J concerning the living arrangements and contact arrangements for two children, [C] and [K]. The dispute centred on the welfare of the children and the terms of their care and contact with their parents, particularly in light of allegations made against the father.

The court was required to determine the primary residence of the children, the conditions under which the father would have contact with them, and the specific measures to be put in place to safeguard the children's well-being during such contact. Key issues included the supervision of contact, the location of overnight stays, restrictions on discussions about sensitive matters, and the responsibilities of extended family members in facilitating and monitoring the father's time with the children.

Hannam J made orders by consent, establishing that the children would live with the mother. Crucially, contact with the father was to occur under the supervision of either the paternal grandparents or the father's sister, with overnight stays to take place at the paternal grandparents' home. The court also imposed strict prohibitions on physical chastisement, excessive alcohol consumption, and the provision of alcohol to the children. Further orders mandated separate showering of the children and detailed specific changeover arrangements. The paternal grandparents and paternal aunt provided undertakings to the court, including ensuring their presence during the father's contact, facilitating overnight stays at their home, ensuring the children had a separate bedroom, and refraining from discussing abuse allegations or family law proceedings in the children's presence. The court also ordered that neither parent was to discuss these sensitive matters with the children.

The proceedings were adjourned for further mention, with leave granted to the Independent Children’s Lawyer to relist the matter if any issues arose. The paternal grandparents and paternal aunt were to provide written undertakings to the court, which would be placed on the court file. Amendments were made to the paternal aunt's undertakings to clarify that while she could supervise contact, overnight stays would not occur at her home.