Shamon & Shamon (No 9)

In the matter of Shamon & Shamon (No 9), the court addressed interim parenting orders concerning the three children of the separated parties. The primary dispute centred on the nature and extent of the father's contact with the children, specifically the youngest child, Z. The father sought a graduated regime for the reintroduction of unsupervised time with Z, while the mother opposed any unsupervised contact and sought to maintain the existing supervised contact arrangements. The Independent Children's Lawyer (ICL) took a cautious approach, advocating for a gradual increase in unsupervised contact, with overnight contact potentially starting in 2024.

The court had to determine whether to reinstate the previous interim orders that allowed for supervised contact during school term and holidays or to suspend those orders and implement a new supervised contact regime. The legal issues involved balancing the best interests of the children against the potential risks identified in the evidence presented. The court needed to weigh the father's argument for more unsupervised time against the mother's concerns for the children's safety and the ICL's cautious recommendation.

The court dismissed the father's application to reinstate the previous orders, acknowledging that while definitive findings might not be possible at this stage, evidence raising questions of risk could not be ignored. The court adopted a cautious approach, ordering supervised contact for two hours each week, with the possibility of increasing this over time based on the children's views and the supervised contact agency's assessment. The court also ordered family therapy for the older children, reflecting the agreed position of the parties and the ICL. This decision ensured that the children's welfare remained the paramount consideration, while allowing for a careful reassessment of contact arrangements as more evidence became available.