Cholich and Cholich

In *Cholich & Cholich*, the Family Court of Australia considered an application by the father, Mr Cholich, for interim orders for supervised time with his children and a process of reunification. The mother, Ms Cholich, had made serious allegations of physical and sexual abuse against the father, which had been the subject of criminal proceedings. The children had not spent time with the father for an extended period since the parties' separation in December 2009.

The primary legal issue before the Court was whether it possessed sufficient information to make interim orders regarding the children's best interests, particularly in light of the serious and disputed allegations of family violence and abuse. The Court was required to determine if it could assess the emotional and psychological impact of these allegations on the children and make a determination regarding reunification.

Justice Dawe noted that while criminal proceedings against the father had concluded, this did not negate the need for the Family Court to independently assess the allegations in the context of the children's best interests. The Court found that the material before it was insufficient to make a determination on these significant matters, as it could not resolve the factual disputes concerning the allegations of abuse. Making orders sought by the father at this stage would place the children's emotional and psychological wellbeing at risk.

Consequently, the father's application for interim orders was dismissed. The Court directed that an updated Family Report be prepared and listed drug testing and other issues for a callover hearing. The matter was also designated as part of the Magellan Project to ensure prompt allocation of trial time and address the complexities of the serious allegations involved.