Kannan & Kannan

In *Kannan & Kannan*, heard by Judge Obradovic, the court considered interim parenting orders concerning two children, X (born 2015) and Y (born 2019). The dispute arose from allegations of family violence made by the mother against the father, and the father's subsequent applications concerning the children's living arrangements and time with the mother. The mother had filed applications seeking interim orders, which were ultimately dismissed.

The central legal issues before the court were the assessment of risk to the children, the determination of the children's best interests in light of the allegations and non-compliance with previous orders, and the appropriate interim parenting arrangements. The court was required to consider the impact of alleged violence on the children and the parents' capacity to facilitate a relationship between the children and the other parent.

Judge Obradovic reasoned that despite the mother's extensive allegations of violence against the father, there was no material from external agencies such as the police or the Department of Communities and Justice to corroborate these claims. The court noted that the mother's allegations, while serious, were not supported by independent evidence. Furthermore, the court observed a pattern of non-compliance with previous interim orders by the mother, particularly in facilitating the children's time with the father. Applying the principles of the *Family Law Act 1975* (Cth), particularly the paramountcy of the children's best interests, the court concluded that it was in the children's best interests for them to live with the father on an interim basis.

Consequently, the court dismissed the mother's applications and discharged the previous interim parenting orders. The children were ordered to live with the father, with specific provisions for the mother to spend time with them, commencing with a four-week period of limited contact and then progressing to more regular weekend and weekday contact. The orders also included detailed provisions regarding communication between parents and children, communication between the parents themselves, and injunctions against the father concerning alcohol consumption and physical discipline. The court also ordered a family report to be prepared by a family consultant to further inform future decisions.