Cattini and Hunt (No. 2)

The Family Court of Australia heard proceedings between Mr Cattini (the applicant father) and Ms Hunt (the respondent mother) concerning three young children. The Independent Children’s Lawyer also participated in the proceedings. The case involved an application for an interim adjournment, with the court considering the welfare of the children and the potential for a change of residence.

The primary legal issue before the court was whether to grant an interim adjournment of the proceedings to allow for further investigation into the children's welfare and living arrangements, particularly concerning the father's proposed care. The court was required to determine if it had sufficient evidence to make orders regarding the children's residence, especially in light of serious concerns raised by a family consultant about the mother's parenting capacity and the children's resistance to the father. The court also considered the role and potential intervention of the Department of Human Services.

Justice Cronin expressed significant concerns about the children's welfare, noting that the mother had not assisted in resolving the matter and that the family consultant's evidence indicated the children were effectively parenting their mother. Despite these concerns and the consultant's recommendation for a change of residence, the court refused to order an immediate change of residence to the father due to a lack of corroborating evidence regarding his proposed care arrangements, his living circumstances, and the children's resistance to him. The court ultimately granted the mother's request for an adjournment, inviting the Department of Human Services to intervene and provide further information, as the court felt it lacked sufficient evidence to make a responsible decision about the children's interim care.

The court ordered that all outstanding applications be adjourned to 23 January 2013 for a further interim hearing. Directions were made for the obtaining and release of transcripts and judgments, for parties to file further affidavits, and for the Department of Human Services to be invited to intervene. The mother was ordered to bring the children to the court's child minding centre on 23 January 2013 until further order.