Backford & Backford & Anor (No 2)

In *Backford & Backford & Anor (No 2)*, Hannam J of the Federal Circuit and Family Court of Australia considered interim parenting arrangements for two children amidst allegations of violence and concerns regarding the parents' capacity to meet the children's needs and ensure their safety. The proceedings also involved a request for the Secretary of the NSW Department of Family and Community Services to intervene pursuant to section 91B of the *Family Law Act 1975* (Cth).

The primary legal issues before the court were whether the children should live with either parent on an interim basis, and whether there was an unacceptable risk of harm to the children if they did so. The court also had to consider the effect of any alleged change in circumstances on these arrangements and the appropriateness of departmental intervention.

Hannam J applied the paramountcy principle of the children's best interests, assessing the evidence presented regarding the allegations of violence and the parents' respective parenting capacities. The court considered the potential impact of any proposed living arrangements on the children's safety and well-being, weighing the risks and benefits associated with each option. The court's determination of these issues would inform the interim orders made.