Wheldon and Dinh (No 2)

This matter concerned an application by the mother for a stay of certain orders made by Murphy J on 20 August 2010, pending the determination of her appeal. The father had also filed an application for contravention of the August 2010 orders.

The court was required to determine whether to grant a stay of paragraphs 6 and 7 of the existing orders, and whether to adjourn the father's contravention application. Additionally, the court considered varying paragraph 5 of the August 2010 orders concerning the father's time with the children.

Murphy J ordered that paragraphs 6 and 7 of the 20 August 2010 orders be stayed pending the mother's appeal. The father's contravention application was adjourned to a date to be advised after the Full Court's determination. Paragraph 5 of the August 2010 orders was varied to provide for supervised time between the father and the children for a maximum of six hours each alternate Saturday, supervised by the father's adult son, with specific changeover arrangements. The court also ordered that a Fact Sheet detailing obligations, consequences of contravention, and assistance resources be attached to and included within the orders.