Harris and Coates (No 3)

In *Harris & Coates (No 3)*, the Family Court of Australia considered interim orders concerning the time a child spends with their father. The proceedings involved Mr Harris (the applicant father) and Ms Coates (the respondent mother), with the Legal Services Commission of South Australia acting as the Independent Children’s Lawyer. The central dispute revolved around the father's contact with the children, particularly in light of concerns that the children had witnessed family violence.

The court was required to determine the best interests of the children in the context of interim arrangements. Specifically, the court had to consider whether to grant the father’s request for supervised time with the children, or to follow the recommendation of the children’s therapist for continued written correspondence between the father and children, with supervised contact to be considered at a later stage. The court also had to address the parties' failure to negotiate an appropriate supervisor for contact.

Justice Dawe applied the paramount consideration of the children's best interests, taking into account the need to protect them from harm, including family violence. The court noted that the Child Protection Services had determined it was likely the children had witnessed violence, and that the specific nature of this violence, including whether it was perpetrated by the father, was yet to be determined. Following previous court decisions and the recommendations of the children's therapist, the court decided that continued written correspondence was appropriate for the interim period. This approach aimed to protect the children while allowing them to maintain a relationship with their father under certain conditions, and also required the parties to attempt negotiations regarding potential supervisors.