Potter and Ross & Anor

This matter concerned an interim application before Murphy J in the Family Court of Australia, arising from a long history of conflict and litigation between the parents regarding their children, N and Y. Final parenting orders had been made by consent in September 2008, but the matter was relisted for trial. The father sought orders for supervised time with the children, while the mother sought orders for supervised time with the father.

The court was required to determine whether the children should spend time with the respective parents, and whether any such contact should be supervised. Specifically, in relation to N, the court considered the mother's withholding of the child from the father for 14 months due to concerns for N's wellbeing, N's expressed desire not to see his father, and the father's indication that he would not avail himself of supervised time. In relation to Y, the court considered the father's claims of risk of harm by the mother's new partner, which had been investigated by police and child safety authorities and found to be unsubstantiated.

In relation to N, Murphy J reasoned that it was not in the child's best interests to spend time with the father unsupervised, and that an order for supervised time would be futile given the father's stance. Consequently, the court made an order for no contact between the father and N pending the trial. In relation to Y, the court dismissed the applications for interim orders and ordered that the original consent orders for unsupervised time continue in full force and effect pending the outcome of the trial. The mother was granted sole parental responsibility for N in respect of major long-term issues, and all previous orders regarding the father's time and communication with N were discharged, with the father to have no contact with N. The mother was ordered to keep the father informed of N's address, school, and medical practitioners, and to notify him of any significant injury or serious illness.