ASQUITH & GARNER

This matter concerned interim parenting arrangements and urgent spousal maintenance between the mother and father of two children, X and Y. The mother had returned to Australia following proceedings in a Maltese Court, and the children had been in the father's care since July 2019. The proceedings were before Baumann J.

The court was required to determine interim parenting arrangements for the children, including their living arrangements and the facilitation of their travel. It also needed to address the urgent spousal maintenance sought by the mother and consider the appointment of a Family Consultant to provide advice on the children's issues and parenting plans. Furthermore, the court was asked to make orders regarding the children's representation by an Independent Children's Lawyer and to prevent their removal from Australia.

Baumann J made interim orders for the children to live with each parent on a rotating basis until further order, with the father responsible for facilitating the children's movement to the mother's residence. The parents were restrained from physically disciplining the children, discussing the proceedings in their presence, or making denigrating remarks about each other. The court also ordered the parents to cooperate in obtaining visitor visas for the children. By consent, the father was ordered to pay the mother $2,000 by way of urgent spousal maintenance. A Family Consultant was appointed to conduct a child-inclusive conference and provide advice to the court and parties, with a report to be prepared. An Independent Children's Lawyer was requested to represent the children. Crucially, orders were made to restrain both parents from removing the children from Australia and to place their names on the Airport Watch List. The proceedings were adjourned for a case management hearing and further interim determination.