Harty & Anor and Chilton & Anor

In proceedings before Hannam J, the applicants, identified as Harty & Anor, sought interim orders concerning the children C and D. The respondents, Chilton & Anor, were also parties to the dispute. The court noted that the children may be "under the care (however described) of a person under a child welfare law" pursuant to s 69ZK of the *Family Law Act 1975* (Cth).

The primary legal issues before the court involved determining the appropriate interim care arrangements for the children and addressing potential child welfare concerns. This included the need to obtain consent from a child welfare officer, the potential intervention of the Department of Family and Community Services, and the mother's compliance with drug testing. The court also considered the children's participation in a Child Responsive Program and the filing of responses and outlines of case by the parties.

Hannam J reasoned that given the potential involvement of child welfare laws, the consent of a child welfare officer was necessary for the proceedings to continue. The court also invited the Department of Family and Community Services to intervene, requesting the Secretary to file a Notice of Intervention and granting leave for the Secretary or a delegate to inspect and copy court documents. The court ordered that the children were to live with the applicant maternal grandmother until the interim hearing, unless varied or revoked. Further orders were made regarding the mother's attendance at a Child Responsive Program, her participation in supervised urinalysis testing, and a restraint on her from altering her hair pending potential hair follicle testing. The court also directed the mother to provide details of her partner and file a Notice of Risk.