CADWELL & CADWELL

In *Cadwell & Cadwell*, Judge Brown of the Family Court of Australia considered interim parenting arrangements for two children. The proceedings arose in the context of high parental conflict, with the mother alleging physical and psychological abuse of the children by the father. These allegations had been investigated by police and child welfare authorities, with the father denying the claims. The court was required to assess the risk posed to the children and determine their best interests in the interim.

The central legal issues before the court were the assessment of risk in light of the serious allegations of abuse, the application of the paramountcy principle of the children's best interests, and the nature and scope of an interim hearing in such circumstances. The court also had to consider the implications of previous consent orders made in April 2019 and the impact of the father's alleged conduct on the children's welfare.

Judge Brown reasoned that while the allegations were serious and warranted careful consideration, the evidence presented at the interim hearing did not establish a sufficient basis to depart from the existing consent orders, particularly given the father's denial and the ongoing nature of investigations. The court applied the principles governing interim parenting orders, emphasising the need for a cautious approach and the importance of maintaining stability for the children where possible, while also acknowledging the need to protect them from harm. The court noted that the nature of an interim hearing is not to definitively resolve disputed facts but to make orders that are in the children's best interests pending a final determination.

The court ordered that the existing consent orders from April 2019 would continue, with the father's time with the children to recommence on 5 June 2020. An injunction was granted restraining the father from attending handover at a specific police station in the company of a Ms B. All other interim applications were dismissed, and the matter was adjourned for further directions.