Bilney and Brisco & Anor

This case concerned applications made by the mother, Ms Bilney, in the Family Court of Australia seeking interim orders regarding her two young children, C and J. The mother sought orders that the children live with her, that the maternal grandmother have contact with the children, and that the father undergo psychiatric assessment and anger management. The applications were opposed by the father, Mr Brisco, and the Independent Children's Lawyer.

The primary legal issues before the Court were whether to vary existing interim orders concerning the children's living arrangements and time spent with their mother, and whether to order psychiatric assessments of the father and paternal grandmother. The Court was required to consider the paramountcy of the children's best interests, as outlined in section 60CC of the *Family Law Act 1975* (Cth), and apply the principles established in cases such as *Goode and Goode*.

Justice Dawe, in considering the applications, noted the long and complex history of the proceedings. While acknowledging the mother's concerns regarding alleged inappropriate behaviour by the father and the children's knowledge of certain expressions, the Court was not satisfied that these allegations, even if accepted, were sufficient to warrant a change in the children's living arrangements at this interim stage. The Court also found no basis for ordering psychiatric assessments of the father and paternal grandmother beyond the mother's strong views. Applying the principles of *Goode and Goode*, and considering the recent Family Consultant's report, the Court determined that it was not appropriate to vary the existing orders regarding the children's residence or the mother's supervised time with them.

Consequently, the mother's applications for interim orders were dismissed. However, the matter of varying the supervision arrangements for the mother's time with the children was adjourned for further consideration, with directions for the parties to propose alternative supervisors and provide relevant information to the Court by a specified date. The Court also directed the parents to register with a contact centre and provide waiting list information.