A recent hearing before the Family Court involved the Court being asked to determine whether the time a father spent with his child needed to be supervised.
The case had been the subject of considerable litigation over a number of years and the latest court appearance was essentially about setting a date for a trial. The matter that needed to be resolved immediately however was whether the question of supervision for the father’s time spent with his son needed to continue.
A previous hearing in the Family Court had ordered that supervision was required for the time the father spent with his son however previous arrangements and supervisors had changed over time and currently it was not possible to arrange supervision in the manner that had been ordered. Pending the trial at a later date the father sought an order that his time spent with the child should continue in the same way and for the same time, but without supervision.
There have been difficulties with the ability of the supervisor to attend at the required times and the Family Court Judge said he believed that the father would not be easily able to obtain a supervisor. The judge also noted that reports of the time the two spent together had been favourable and indeed “spontaneous delight” had been shown by the child. A further report did make the comment that the father did appear to “lack insight” into what activities might interest the child and he was not particularly” child focussed.”
The judge in considering this point stated that he was interested in the fact that there was a significant benefit in the relationship and that “the supervision is not there to ensure that an enjoyable time is had by all.”
The Family Court Judge ordered that the child spend time with his father without supervision.
Disclaimer
This article remains the property of Rachel Stubbs and Associates and can only provide basic information and is not intended to be a substitute for legal advice. This information cannot be relied on as a substitute for legal information and it is only general by nature. This information was generally correct at the time of writing but changes in legislation or procedure may change.
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