GREEN & DONNELLY

In the Family Court of Australia, Ms Green (the applicant mother) and Mr Donnelly (the respondent father) sought interim orders concerning the living arrangements and time spent with their two children, aged 10 and 8. The parents had separated in 2008, and a shared care arrangement had been in place until the mother moved to Sydney in January 2011. The father resided on the North Coast of New South Wales, while the mother lived in Sydney. Both parties made allegations of family violence, drug, and alcohol abuse against each other, which could not be determined at this interim stage. The court was also asked to expedite the final hearing of the matter.

The court was required to determine the interim living arrangements for the children, considering the geographical distance between the parents and the allegations made by each party against the other. Key issues included assessing the level of risk posed by each parent based on the available documents, establishing a time spent arrangement that facilitated the children's relationship with both parents despite the distance, and addressing the financial responsibilities for travel. The court also needed to consider the Independent Children's Lawyer's recommendations and the application to expedite the final hearing.

Justice Watts noted that the children were settled in their father's town and that the allegations of violence and substance abuse against both parents could not be substantiated at this interim hearing. The court's primary concern was the best interests of the children. Applying the principles of the *Family Law Act 1975* (Cth), particularly concerning the children's welfare and the need for them to maintain a meaningful relationship with both parents, the court made interim orders. These orders granted the father sole parental responsibility but required him to notify the mother and consider her opinions on long-term decisions. The children were to live with the father and spend defined periods with the mother, with specific arrangements for travel costs and communication. The court also ordered both parents to undergo urinalysis screening and refrain from drug or alcohol use that would impair their ability to drive while caring for the children.

The court ordered that the father have sole parental responsibility for the children, with the obligation to notify the mother and consider her opinions on long-term decisions. The children were to live with the father and spend defined time with the mother, including during school terms and holidays, with specific provisions for travel costs. Both parents were required to submit to random urinalysis screening and refrain from illicit drug use or excessive alcohol consumption when caring for the children. The court also ordered that the final hearing of the matter be expedited.