CORSON & CORSON (No.2)

This matter concerned interim parenting orders for children X and Y, brought before Judge Altobelli. The dispute centred on the mother's application to restrain the father from having contact with the children, and the father's cross-application for orders for the children to spend time with him. The court was required to determine whether there was an unacceptable risk of harm to the children if they spent time with the father.

The court considered the evidence presented, including a Single Joint Expert Report, to assess the risk of harm. The primary legal issue was the application of the principles governing interim parenting orders, particularly in circumstances where allegations of harm are raised. The court had to balance the children's right to have a relationship with both parents against the paramount consideration of their safety and well-being.

Judge Altobelli reasoned that while there were concerns raised regarding the father's behaviour, the evidence did not establish an unacceptable risk of harm to the children that would warrant a complete cessation of contact. The court applied the principles that interim orders should maintain the status quo as far as possible and that a high threshold must be met to deprive a parent of time with their children. The court also considered the need for therapeutic intervention for both parents and the children.

The court made orders for the children to spend time with the father, albeit with some modifications and limitations on communication. Crucially, the mother was restrained by injunction from allowing the children to have contact with their maternal uncle, Mr D, due to concerns about his influence. The proceedings were subsequently transferred to the Family Court of Australia for further consideration, including potential allocation into the Magellan Protocol.