Webber and Budd

In proceedings before Faulks DCJ, the Court considered an application by the father alleging contravention of court orders by the mother. The Court found that the mother had, without reasonable excuse, failed to comply with two of the alleged counts, while dismissing the remaining allegations. The Court determined it was inexpedient to impose any further penalty on the mother.

The central legal issues before the Court were the mother's alleged contravention of existing court orders concerning the children's time with their father, and the appropriate interim and final orders to be made regarding the children's welfare and living arrangements. The Court was required to balance the father's right to spend time with the children against concerns for the child S's specific needs and the mother's ability to ensure S's safety and well-being during such time.

Faulks DCJ reasoned that while contraventions had occurred, the circumstances did not warrant a penalty. The Court then made significant interim orders suspending existing time arrangements and establishing a new schedule. This new schedule was conditional upon the mother being satisfied that the father was capable of managing any situation that might arise with child S. To facilitate this, the Court ordered communication between the mother's solicitor and Dr N, a medical professional, to ascertain any necessary training or knowledge the father required. Dr N was to assess the father's ability to care for S and E and communicate his satisfaction to the mother's solicitor. The Court also issued directions for the filing of affidavits, proposed orders, and the preparation of a Family Report, with expanded terms of reference for the Family Consultant, all in preparation for the finalisation of the Less Adversarial Trial.