Fiordan and Reesa

In *Fiordan & Reesa* [2013] FamCA 329, the Family Court of Australia considered competing interim orders sought by the Father and Mother concerning the lives of their two children. The Father sought orders for the children to live with him, while the Mother sought orders for the children to live with her and have limited supervised time with the Father. The case involved allegations of excessive drinking by the Father, derogatory social media posts by the Mother, and concerns that the Mother's negative attitude had influenced the children's perception of the Father. The Mother had also made allegations of sexual abuse against the Father and was accused of attempting to alienate the children from him.

The Court was required to determine the best interests of the children in the context of these competing claims and allegations. Key issues included the impact of the Father's alcohol consumption, the Mother's conduct on social media and its effect on the children's relationship with their Father, and the veracity of the Mother's allegations of sexual abuse. The Court also considered the children's existing close and loving relationship with their Mother.

Applying the principles of family law concerning children's welfare, the Court reasoned that the Mother's conduct, particularly her derogatory comments and attempts to alienate the children from the Father, had negatively impacted the children's perception of him and their relationship. While acknowledging the Father's issues with excessive drinking and ordering him to abstain from illicit substances and excessive alcohol consumption, the Court found that the children's best interests would be served by them living with the Father. The Court also ordered that the Father have sole parental responsibility for the children.

Consequently, the Court made interim orders for the children to live with the Father, subject to conditions regarding his alcohol and drug use, and for him to have sole parental responsibility. The Mother was granted time with the children on alternate weekends, commencing two months after the order. The Court also adjourned proceedings relating to relocation and property settlement, and dismissed an application for contempt made by the Mother.