LAWRIE & SHEEHY

This matter concerned parenting orders for children X and Y, born in 2002 and 2005 respectively. The dispute arose following the mother's partial disclosure of prior criminal offending involving a child under 16 years of age. The father subsequently discovered, through subpoena, recorded history of domestic violence orders made and breached by the mother, as well as notifications of domestic violence. This led to the trial being vacated and applications for interim relief.

The court was required to determine the interim parenting arrangements for the children, considering the paramount consideration of the children's best interests. This involved evaluating the circumstantial evidence presented, particularly in light of the mother's undisclosed criminal history and history of domestic violence. The court needed to assess the risks and safety concerns associated with each parent's care.

In its reasoning, the court applied the principles of the Family Law Act 1975 (Cth), prioritising the best interests of the children. The court found that, pending a final trial, it was in the children's best interests to reside with their father. The court made detailed interim orders regarding the children's living arrangements, parental responsibility for both major long-term issues and day-to-day matters, and time spent with each parent. Specific orders were also made concerning communication between the parents, the provision of information regarding the children's health and schooling, and the restriction of the children's contact with a Mr J when in the mother's care. The court also ordered representation for the children by an Independent Children's Lawyer.