Event and Time
Event Description
This case involves urgent interventions in a family law matter concerning the care and parenting arrangements for three children following serious allegations of family violence and associated risks. The proceedings were adjourned previously for further directions after initial consent orders were made on 12 April 2023, delineating the children living with the father and having significant time with the mother.
Application and Claims
The mother sought a temporary suspension of prior orders due to emerging evidence indicating potential risks of extreme family violence against the children in their current living arrangements. She requested that the children reside with her and have supervised visitation with the father.
Judicial Decisions
The court granted the mother's application to suspend the existing orders temporarily, allowing the children to live with her under strict conditions where they may only spend time with their father if pre-agreed upon and supervised. A series of orders were also put in place regarding the conduct of both parents and the involvement of external agencies.
Dispute Points and Legal Basis
Dispute Points
- Mother's Claims:
- Allegations of extreme family violence and risks to the children's safety. - Request for children to live with her due to concerns about their emotional and physical well-being.
- Father's Arguments:
- The father contends there are also potential risks regarding the children's ability to thrive in the mother's household. - Expresses willingness to engage in corrective programs (like a men’s behaviour change program) to address the issues stemming from the allegations.
- Director-General/CYPS Evidence:
- Submitted extensive material under Section 69ZW, indicating serious threats to the children's safety. - Testimony from Ms. B, a case manager, highlighted risks of emotional abuse, neglect, and the need for further assessment of both parents’ capacities.