Walsh and McKinnon and Anor

This matter concerned proceedings before Bennett J involving the mother and father of two children, born in 1998 and 2000, with the paternal grandmother seeking to intervene. The core dispute revolved around the arrangements for the children's residence, time with each parent, and decision-making concerning their welfare, particularly in light of allegations of sexual abuse and concerns regarding the father's conduct.

The court was required to determine the interim parenting orders, including the children's primary residence, the extent of each parent's time with the children, and responsibility for major long-term decisions. Crucially, the court also had to consider the terms of an undertaking offered by the paternal grandmother to supervise the father's contact and ensure the children's safety, as well as the need for further assessments and investigations into the parents' and another individual's backgrounds.

Bennett J made extensive orders based on the consent of the parties and the paternal grandmother's undertaking. The paternal grandmother was granted leave to intervene and was bound by her undertaking to supervise the father's time with the children, restrict his proximity to the children's school, and report any concerns about the father absconding with the children. The mother was given sole responsibility for major long-term decisions, and the children were ordered to reside with the paternal grandmother, who was responsible for their daily care and school arrangements. The mother was granted specific periods of time with the children, and both parents were restrained from leaving Australia with the children. Further orders mandated psychiatric assessments of both parents, supervised drug screening, and attendance at parenting programs. The court also imposed restrictions on discussions with the children regarding the proceedings and allegations.