ALLENBY & WADDINGHAM

In the matter of *Allenby & Waddingham*, Judge Young of the Federal Circuit Court of Australia considered an application by a father for his two children, aged 14 and 12, to spend time with him. The dispute centred on concerns regarding an alleged unacceptable risk of harm to the children, particularly given that the younger child has autism and the father had previously been charged with assault while the children were in his care.

The court was required to determine whether the existing orders for the children to spend time with their father should be suspended due to these concerns, and what interim arrangements were appropriate pending further investigation. The court also needed to consider the need for further information regarding the father's circumstances and the potential risks to the children.

Applying the principles of the *Family Law Act 1975*, particularly in relation to the paramountcy of the children's welfare and the need to protect them from harm, Judge Young ordered the suspension of the previous orders for unsupervised time. The court instead made interim orders for supervised time each Sunday afternoon. Furthermore, the court directed the mother to file and serve a Response, affidavit, and notice of risk, and mandated a child-inclusive conference with a Family Consultant to gather further information and provide advice to the court. The matter was adjourned for an interim hearing to discuss the children's time with the father.