Bell and Sherlock and Anor

In *Bell & Sherlock and Anor* [2012] FamCA 606, the Family Court of Australia considered an urgent application for ex parte orders concerning a young child, R. The applicant was Mr Bell, the first respondent was Ms Sherlock, and the second respondent, who was joined on the day of the hearing, was Mr Fordham. The proceedings involved interim arrangements for R, who was nearly five years old, pending further court consideration.

The primary legal issue before the Court was to determine the most appropriate interim living arrangements for R, given the difficult and potentially volatile circumstances surrounding her mother, Ms Sherlock, and her mother's partner, Mr L. The Court also had to consider the safety of R and other children involved in the proceedings, particularly a younger half-sibling, M, who was not formally part of the application.

Justice O'Reilly applied the paramount principle of the child's best interests in making urgent interim orders. The Court noted evidence of domestic violence and threats made by Mr L and his father towards Ms Sherlock if she attempted to leave with M. Considering the mother's emotionally raw state and the risk of a violent incident, the Court adopted the proposal of the independent children's lawyer, which was agreed to by Mr Bell. This proposal involved Mr Bell collecting R from her current location and bringing her to Court the following day. The Court also requested the assistance of the Queensland Police Service to facilitate the collection of R. The Court expressed concern for the safety of M but noted its inability to make orders regarding her as she was not a party to the proceedings, although the Department of Community Services was involved.