Shelley and Hunt and Ors

This matter concerned an application by a father for orders regarding time with his two children, M and W. The mother opposed the application. The proceedings were heard by Justice Ryan in the Federal Circuit and Family Court of Australia.

The primary legal issues before the court were whether it was in the best interests of the children for them to spend time with their father, and if so, what arrangements should be put in place to facilitate that time, considering the father's issues with drug and alcohol use and the need to protect the children from contact with another individual, J. The court also had to consider the role and undertakings of supervisors in ensuring the children's safety and well-being during contact.

Justice Ryan made orders for the children to spend time with the father for four hours once each calendar month, to be supervised by either Mr D Shelley or Ms Tamer. These supervisors were also responsible for collecting and returning the children. The court stipulated that the father was restrained from communicating or spending time with the children while under the influence of drugs or alcohol, with supervisors empowered to suspend contact if they suspected impairment. Furthermore, the supervisors were ordered to ensure J did not come into contact with the father during these visits. The court also addressed telephone contact, with the mother to facilitate it if she believed it was in the children's interests, but not when J was present. The father's failure to spend time with the children for 12 months would result in the suspension of future contact orders.

The court noted written and oral undertakings from Mr Shelley and Ms Tamer, respectively, to supervise in accordance with specified terms. The orders included a Fact Sheet detailing obligations, consequences of contravention, and assistance resources, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*. The names of the Independent Children’s Lawyer and their counsel were suppressed, and all outstanding applications were dismissed.