BOND & DALTON (No.2)

In this matter before Judge Kari, the dispute concerned parenting arrangements for two children, aged eight and five. The mother had ceased the father's overnight time with the children in September 2020, alleging they were at risk of physical harm in his care. The mother sought orders for supervised and reduced time for the father, specifically an alternate weekend arrangement. Conversely, the father sought unsupervised, week-about time with the children.

The court was required to assess the risk of harm to the children in the father's care and determine the most appropriate interim parenting arrangements. This involved considering the allegations made by the mother and the father's counter-application for more extensive time. The court also had to consider the children's best interests in light of the competing claims and the existing circumstances.

The court's reasoning led to the reinstatement of the previous parenting arrangement, where the children lived with each parent for six nights per fortnight, without the requirement for supervision. This decision was made in conjunction with several consent orders aimed at protecting the children and facilitating a comprehensive family assessment. These orders included injunctions restraining the parents from discussing the proceedings with the children or denigrating each other, and ensuring the administration of medication and adherence to medical advice. The father was also ordered to complete a parenting program and anger management counselling, with reports to be filed with the court. A family assessment was to be conducted by a nominated expert, with the report to address the children's views, relevant legislative considerations under the *Family Law Act 1975*, and any other matters pertinent to the children's welfare. The parties were directed to participate in mediation following the release of the assessment report.