BARROS & MACKAY

This matter concerned an interim application in the Federal Circuit Court of Australia, presided over by Judge McGuire. The dispute involved allegations of assault and emotional abuse against two children, aged eight and six. Counter-allegations were made that these assertions of assault were deliberately false and part of a parental alienation strategy. The court was required to consider the nature of interim hearings in such circumstances.

The court was tasked with determining the appropriate interim parenting orders in light of the serious and conflicting allegations. Specifically, the court had to assess whether the existing parenting orders should be discharged, what new orders were necessary to protect the children's welfare, and how to manage the proceedings to ensure a fair and thorough investigation of the claims. The court also needed to consider the role of an Independent Children's Lawyer and the preparation of a Family Report.

Judge McGuire discharged the interim orders made by Judge Kelly on 18 December 2018, reinstating the parenting orders of 11 September 2014. The mother was restrained from leaving the children in the care of or alone with a Mr A. Both parents were prohibited from discussing the proceedings with the children or providing them with access to court documents. An Independent Children's Lawyer was appointed to explain the orders to the children. Crucially, a Family Report was ordered, with the family consultant authorised to investigate various aspects of the children's welfare, including their relationships with parents, family violence, their views, potential manipulation, and parental capacity. The family consultant was also granted access to relevant departmental and police records. The substantive application was listed for a two-day trial, with strict timelines set for the filing of affidavit material and the submission of final orders, document lists, and summaries of argument.