Arrabati and Jocking

In *Arrabati & Jocking* [2012] FamCA 1093, the Family Court of Australia considered an oral application by the father, Mr Arrabati, for interim parenting orders. The application was made during proceedings that had commenced in 2008 and were part-heard before Cronin J, following a transfer from the Federal Magistrates Court. The mother, Ms Jocking, was represented by counsel, as was the Independent Children’s Lawyer.

The primary legal issue before the court was whether to grant the father's application for interim parenting orders, specifically for weekend time with the children, building towards overnight stays and holidays. This application was opposed by the mother and the Independent Children’s Lawyer. The court was required to determine the best interests of the children, considering the serious allegations that had been made, the ongoing investigations by the Department of Human Services, and a recent incident involving police.

Cronin J dismissed the father's application, finding that on the evidence presented, the court could not rule out an unacceptable risk of physical and psychological harm to the children if any contact were to occur. The court noted that the Department of Human Services was undertaking a comprehensive review, including potential forensic support, due to concerns arising from the children's expressed fear of their father. Furthermore, a recent incident involving police and allegations of assault by the daughter against the father, which was disputed by the father, presented a significant concern, particularly given the potential for criminal law processes to be thwarted. The court concluded that it was not appropriate to make any interim parenting orders in these circumstances, especially as supervised contact was not a viable option.