Theodore & Theodore

The parties in this matter were Theodore and Theodore, with the dispute concerning interim parenting orders for their children. The application was heard by Foster J.

The court was required to determine whether to grant the father leave to reopen his case to rely on an affidavit from his treating mental health practitioner. The court also had to consider the best interests of the children in making interim parenting orders, taking into account significant concerns regarding the father's mental health, historical family violence, an apprehended domestic violence order protecting the mother, allegations of child abuse, and the children's expressed fear of the father.

Foster J granted the father's application for leave to reopen his case, considering the applicable principles for such applications. In determining the interim parenting orders, the court found that the need to protect the children was determinative. Consequently, orders were made for the children to live with the mother and spend supervised time with the father.