KENNEDY & PEYTON

The proceedings concerned interim parenting arrangements for two children, aged five and three. The mother had retained the children, and the Department for Child Protection was involved due to an investigation into injuries sustained by a younger child, aged one, while in the father's care. The Department opposed the father's application for an increase in his time with the subject children.

The central legal issues before the Court were whether the subject children were exposed to family violence as a result of the injuries sustained by the younger child, and how to assess the risk posed to the children in determining their best interests. The Court was required to balance the father's desire for increased time with the children against the potential risks identified by the Department.

In reaching its decision, the Court applied the principles of assessing risk in parenting proceedings, particularly where allegations of family violence or harm to a child are present. The Court considered the Department's opposition and the ongoing investigation as significant factors in its assessment of the children's best interests. The Court's reasoning focused on ensuring the safety and well-being of the children during the interim period, taking into account the information available regarding the injuries to the younger child.