Cattini and Hunt (No. 2)

In *Cattini & Hunt (No. 2)*, the Family Court of Australia considered an application for interim contact orders concerning three children. The applicant father sought orders for contact, while the respondent mother resisted any contact, advocating for a therapeutic reintroduction process. The court was tasked with determining the best interests of the children on an interim basis, given the unsatisfactory state of the evidence and the significant delays that had exacerbated the difficulties in establishing a relationship between the father and the children.

The central legal issue before the court was whether, in light of the evidence, it was in the best interests of the children to make interim orders for contact with their father, despite the mother's primary care role and the children's expressed negative views of the father. The court also had to consider the evidence of a family consultant, Ms. B, who had previously recommended the children be removed from their mother's care, and the mother's contention that any reintroduction should be delayed to allow her to prepare the children. The court applied the paramount consideration of the best interests of the children, as mandated by section 60CA of the *Family Law Act 1975* (Cth), and considered the guiding principles in section 60CC of the Act, which include parental capacity and past conduct.

Justice Cronin reasoned that while the evidence was not sufficient for final orders, a step needed to be taken to reintroduce the children to their father, as he lacked confidence that this would occur without court intervention. He noted the mother's concession that she could convince the children to spend time with their father, despite her earlier resistance to contact and her proposal for a delayed commencement. The court found that the mother's conduct, including the failure to facilitate a previous family report, indicated that a therapeutic program would not commence in a timely manner. Consequently, interim orders were made for the children to live with the father for a short period, with specific provisions for their return to the mother and for the mother to be restrained from contact other than as ordered, and for a family consultant to explain the orders to the children.