Yates and Yates

This matter concerned interim parenting orders made by Benjamin J. The proceedings involved a dispute between a husband and wife regarding the living arrangements and time spent with their child.

The court was required to determine the specific interim parenting orders concerning the child's residence and contact with the wife, including the conditions under which such time would occur, particularly regarding supervision. The court also needed to address the involvement of various professionals, including the Independent Children’s Lawyer, health care providers, and a family consultant, in monitoring the child's welfare and the wife's treatment. Furthermore, the court considered the interaction between existing Family Violence Orders and the new parenting arrangements.

Benjamin J vacated certain previous interim parenting orders and made new orders detailing the child's living arrangements with the wife, specifying supervised and unsupervised time, and outlining the responsibilities of both parents in facilitating these arrangements. The court directed that the wife continue with recommended counselling and treatment, providing written authority for her health providers to report to the Independent Children’s Lawyer regarding her engagement with treatment. The court also ordered that particulars of the obligations and consequences of contravening the orders be set out in an attached Fact Sheet. The existing Police Family Violence Order was varied to clarify that it would not prevent the mother from spending time with the child as per the new parenting orders or written agreements.

The proceedings were adjourned to a later date, with directions given for the preparation of an updated family report, the provision of relevant reports to treating professionals and the school, and the possibility of representatives attending by telephone.