Jansen & Kwan

In the matter of *Jansen & Kwan*, Altobelli J of the Family Court of Australia was required to determine interim parenting orders for three children. The dispute arose after the parents' separation and the cessation of a "nesting" arrangement where the children remained in the family home while parents alternated living there. The parents were unable to agree on the children's primary residence or the time they would spend with each parent.

The central legal issue before the Court was to ascertain the best interests of the children, as mandated by Part VII of the *Family Law Act 1975* (Cth). This involved considering the objects and principles of the Act, including ensuring the children's benefit from meaningful involvement with both parents, protection from harm, and adequate parenting. The Court also had to weigh the competing expert evidence, specifically the single joint expert report prepared by Dr H, against evidence adduced by the mother from her treating practitioners.

Altobelli J reasoned that while interim decisions require caution, particularly when evidence is untested, it is sometimes necessary to weigh probabilities. The Court gave greater weight to the single joint expert report of Dr H, finding it to be expert, independent, and prepared with a forensic purpose, having had the benefit of interviewing both parents and the children and observing their interactions. In contrast, the mother's treating practitioners' evidence, while expert, was not independent and lacked the same breadth of information and opportunity for reality testing.

Consequently, the Court ordered that the children live with the father during the school term, with specific arrangements for time spent with the mother. The orders also detailed the allocation of time during school holidays and on special occasions, including birthdays and public holidays, with provisions for communication and the continuation of the children's schooling.