Tindale & Anor and Biggs

The case of Tindale & Anor and Biggs concerned an application before Watts J regarding parenting orders for two children, R and S. The dispute involved the maternal grandparents seeking orders for time with the children, and the father seeking orders for the children to spend time with the mother.

The court was required to determine the interim parenting arrangements for the children, specifically concerning the time the maternal grandparents would spend with them, the facilitation of communication between the children and their mother, and the conduct of the parties towards each other in the presence of the children. The court also considered applications relating to the children spending time with the mother and the appointment of an Independent Children's Lawyer.

Watts J made several interim orders, suspending previous orders and establishing a schedule for the maternal grandparents to spend time with the children. The father was ordered to facilitate collection and delivery for these visits, and to bear the cost if he elected for supervised changeovers. The court also ordered the father to facilitate Skype communication between the mother and the children, and between the children and the maternal grandparents, and to invite the maternal grandparents to significant school and extra-curricular events. Crucially, both the father and the maternal grandparents were restrained from denigrating or criticising each other or their respective families in the presence or hearing of the children. Applications concerning the children spending time with the mother were stood over generally, contingent on the mother filing her own application for interim orders.