XIU & HODGES

This matter came before Bennett J concerning disputes between the parents, identified as XIU and HODGES, regarding their child, K. The proceedings involved an application by the mother seeking leave to institute proceedings that would effectively reverse final orders previously made. The court also considered applications arising from the mother withholding the child due to concerns about COVID-19 and the father's adherence to safety precautions.

The court was required to determine whether to grant the mother leave to bring an application to reverse final orders, considering that she had not appealed those orders. Additionally, the court had to assess the mother's concerns about COVID-19 in the context of the child's welfare and parenting capacity, and to make orders regarding the child's time and residence with each parent. The court also considered the role of the independent children's lawyer and the potential for sharing information with relevant third parties.

Bennett J refused the mother's application for leave to reverse the final orders, finding no reasonable likelihood of success. The court acknowledged the mother's genuine, albeit opportunistically pressed, concerns regarding COVID-19, but also considered the impact of her anxiety on her parenting capacity. The court determined that the child, who is disabled and nearing the age of majority, should have their time and residence with the father reinstated, with make-up time to occur for any time missed. The court also directed the independent children's lawyer to provide relevant documents to third parties, including the Victorian Civil and Administrative Tribunal and NDIS service coordinators, if deemed in the child's best interests.

The court ordered a discharge of previous orders regarding the child's residence and substituted them with a specific schedule of time with each parent, including provisions for changeovers and the possibility of Recovery Orders and police assistance in the event of non-compliance. The court also directed that its Associate ensure the After Hours Service had contact details for potential activation of these orders over a long weekend. All other applications were dismissed.