“Incomplete documentation about the status of the mother’s partner’s criminal charges was initially placed before the Court. Pursuant to section 24(3)(k) of the Children’s Law Reform Act, any civil or criminal proceeding, order, condition or measure that is relevant to the safety, security and well-being of the child is a factor related to the child(ren)’s circumstances that the Court is to consider. Furthermore, pursuant to section 33.3(2) of the Children’s Law Reform Act, the Court has a duty to consider if “a child protection order, proceeding, agreement or measure” and “an order, proceeding, undertaking or recognizance in relation to any matter of a criminal nature” are “pending or in effect in relation to any party to a proceeding under this Part”. Pursuant to section 33(3), to carry out its duty, the Court may make inquiries of the parties or review information that is readily available and that has been obtained through a lawful search.
Although documentation detailing the mother’s partner’s criminal matter is not strictly about the mother, it is clearly relevant and important to the Orders I am being asked to make, and to the children’s best interests. Section 33.3(1) of the Children’s Law Reform Act states that the purpose of section 33.3, is to facilitate “the identification of orders, undertakings, recognizances, agreements or measures that may conflict with a parenting order” and to facilitate “the co-ordination of proceedings”. With that purpose in mind, I read the words “in relation to any party to a proceeding under this Part” in section 33.3(2) to be sufficiently broad as to include the mother’s partner. He is residing with the mother, who is a party, and he is having contact with the children.”