CUBBIN & ALMOND

This matter concerned parenting orders for two children, X and Y, and involved the father, Mr Cubbin, and the mother, Ms Almond. The court was required to make urgent interim orders regarding the children's living arrangements, parental responsibility, and contact with each parent. Additionally, the court sought to gather information from relevant government agencies concerning the parents and the children.

The primary legal issues before the court were the determination of interim living arrangements for X and Y, the allocation of parental responsibility, and the establishment of contact arrangements between the children and each parent. The court also considered its power to direct government agencies, specifically the Department of Family and Community Services and the NSW Police Service, to provide information relevant to the children's welfare and any allegations of abuse or family violence. The appointment of an Independent Children's Lawyer and the requirement for the parties to attend family counselling were also key considerations.

The court applied principles from the *Children and Young Persons (Care and Protection) Act 1998* and the *Family Law Act 1975*. It exercised its power under section 248 of the *Children and Young Persons (Care and Protection) Act 1998* to request a Personal History Summary from Community Services. The court also invoked section 61C of the *Family Law Act 1975* to grant parents parental responsibility when the children are in their care. Furthermore, the court made orders under section 69ZW(1) of the *Family Law Act 1975* directing the NSW Police Service to provide documents and information, with provisions to protect the identity of notifiers and witnesses. An Independent Children's Lawyer was appointed pursuant to section 68L of the *Family Law Act 1975*, and the parties were directed to attend family counselling under section 13C of the *Family Law Act 1975*.

The court made extensive interim orders, suspending existing parenting orders and establishing a shared living arrangement for X and Y between their parents. The children were to live with their father on alternate weekends and intervening weeks, with specific provisions for Christmas. They were to live with their mother at all other times. The court also ordered specific contact time for the mother on her birthday and detailed the process for changeovers between parents. The court further ordered that X attend a specific public school and not any other without consent. The matter was adjourned for further mention and directions.