Lavigne & Gavin

This case involved an interim application concerning the parenting arrangements for four children. The mother sought to maintain the existing regime of supervised time between the children and the father, alleging an unacceptable risk of harm in unsupervised care due to family violence and a propensity for excessive discipline. The father opposed the continuation of supervision.

The court was required to determine the best interests of the children in the interim, considering the mother's allegations of family violence and the father's opposition to supervised contact. The court also had to consider the presumption of equal shared parental responsibility and the specific factors outlined in section 60CC of the *Family Law Act 1975* (Cth), including the need to protect the children from harm.

McClelland DCJ noted that while the mother's allegations were a live issue for final determination, the court could not make findings of fact at this interim stage. The court was satisfied that there was no real risk of harm to the children in the father's unsupervised care. The court applied the paramount consideration of the children's best interests, giving greater weight to the need to protect them from harm, as required by section 60CC(2A) of the Act.

The court ordered that the children live with the mother and discharged the previous supervised contact orders. From 23 August 2021, the children were to spend time with the father, initially on Saturdays from 10 am to 4 pm, increasing to alternate weekends with one overnight stay from 2 October 2021. Additionally, weekday evening time was ordered, with separate evenings for the elder and younger children. The court also made orders for communication by telephone, non-denigration, and the father's restraint from attending the former matrimonial home. An Independent Children's Lawyer was appointed, and the parties were ordered to engage a single expert to prepare a report addressing matters relevant to the children's best interests.