WELLS & ANOR & DELMONTE and VINCENT & WELLS & ANOR

This matter concerned interim parenting orders following the sudden death of the mother of three children. The maternal grandparents, who had provided significant support to the mother and lived nearby, had taken care of the children. The father of the youngest child, with whom he shared equal parental responsibility, sought the child's return. The father of the middle child, who has autism and had limited contact, took the child after the funeral. The maternal grandparents sought a recovery order for the middle child. The eldest child, aged 16, had self-placed with the maternal grandparents. The court was presided over by Judge B Smith.

The primary legal issues before the court were to determine the interim living arrangements for the three children, considering the recent death of their mother and the competing claims of the fathers and the maternal grandparents. The court was also required to consider the appointment of an Independent Children's Lawyer for each of the younger children and to make directions regarding the future conduct of the proceedings, including the potential transfer of the matter to the Family Court of Australia due to its complexity. Allegations that the deceased mother had previously accused the maternal grandfather of rape were noted but not pressed for consideration at this interim hearing.

The court's reasoning focused on ensuring the children's welfare and maintaining their sibling unit. It was ordered that all three children live with the maternal grandparents pending further order. The children were to spend time with their respective fathers in accordance with existing known orders, with the maternal grandparents effectively standing in place of the deceased mother for the purposes of these arrangements. An Independent Children's Lawyer was appointed for each of the younger children, and the Legal Aid Commission of New South Wales was requested to arrange representation. The court also directed that the two proceedings be case-managed together and anticipated a transfer to the Family Court of Australia.