Ireland and Dwyer

In *Ireland & Dwyer* [2014] FCCA 313, the Federal Circuit Court of Australia considered interim parenting orders concerning five children. The mother sought to suspend previous interim orders and have the father spend supervised time with the children, or alternatively, for the four eldest children to spend alternate weekends and Wednesday afternoons with the father. The father sought a week-about arrangement for the four eldest children, or alternatively, alternate weekends and Wednesday overnights with them, and three visits per week with the youngest child. The dispute was significantly influenced by allegations of emotional abuse, particularly concerning an incident involving a child's doll, and the resulting impact on the children's well-being.

The court was required to determine the best interests of the children in light of the parents' conflicting accounts of events, the children's adjustment to recent significant life changes including the father's new relationship and cohabitation, and the alleged emotional abuse. A key legal issue was whether documents held by Relationships Australia, relating to counselling sessions attended by three of the children, should be produced to the court pursuant to a subpoena, despite the confidentiality provisions of the *Family Law Act 1975* (Cth).

Judge Harland found that a week-about arrangement was not in the children's best interests at that stage due to their young age and the number of adjustments they had already faced. The court considered the incident involving the child's doll, where the mother alleged the father destroyed it with a chainsaw, causing distress and behavioural changes in the child, while the father claimed he used a leaf blower and the children did not witness the doll's destruction. Regarding the subpoena, the court analysed sections 10D and 10E of the *Family Law Act 1975*. It noted that section 10D(4) allows a family counsellor to disclose information if they reasonably believe it is necessary to protect a child from risk of harm, but this disclosure is not compulsory. Section 10E renders evidence of communications with a family counsellor inadmissible, with exceptions for admissions of child abuse or risk of abuse, unless sufficient evidence exists from other sources. The court ultimately ordered that documents produced by Relationships Australia remain sealed and not be inspected by anyone, indicating a cautious approach to compelling disclosure of counselling records in this interim stage.

The court made several interim orders by consent, including restraining the parties from physically punishing the children and ordering supervised time for the father with the children. Further orders addressed communication between the parents, mandatory counselling for both parents, telephone contact with the children, and specific requirements regarding the children's safety in motor vehicles, exposure to cigarette smoke, and medication. The parties were also restrained from discussing court proceedings or denigrating the other parent in the children's presence. The matter was adjourned for mention, with a family report to be released and investigations by the Department of Children and Families to be considered.