Theophane and Hunt

In the matter of *Theophane and Hunt*, Benjamin J considered an application by the father for a stay of an order made on 5 December 2011. The mother also made a costs application.

The court was required to determine whether to grant the father's application for a stay of the previous order, and to consider the mother's application for costs. Further, the court needed to address the ongoing suspension of an order concerning the child spending time with the father, pending the determination of accommodation issues.

Benjamin J dismissed the father's application for a stay. The court ordered that the suspension of the child spending time with the father continue pending the resolution of accommodation issues, with a specific listing date set for this determination. The mother's costs application was stood over for argument, with directions for its re-listing. The court also issued orders pursuant to s.65DA(2) and s.62B of the relevant legislation, detailing obligations and consequences of contravention, and attached a Fact Sheet to these orders. Additionally, the court requested a family consultant to inspect the father's current residence and provide a report, and directed the Independent Children's Lawyer to convene a conference to arrange supervised daytime contact between the child and the father, ensuring the parties did not meet and that changeovers met the child's needs. The father was also directed to forward documents by post and email to the Independent Children's Lawyer and the mother's solicitor.