LEARMONT & LEARMONT

In the matter of *Learmont & Learmont*, Judge Brown of the Family Court of Australia considered interim parenting arrangements for two children, aged nine and six. The proceedings were re-commenced in 2020 following final orders made by consent in November 2018. The mother alleged that the father had abused the children, while the father contended that the mother was fabricating these allegations. The hearing was an interim hearing, and the court noted the absence of expert evidence.

The court was required to determine the best interests of the children in the context of serious allegations of abuse and counter-allegations of fabrication. This involved considering the matters set out in the *Family Law Act 1975* (Cth) relevant to the best interests of children, particularly in circumstances where there is a lack of definitive evidence at the interim stage. The court also had to consider the appropriate interim orders to ensure the children's safety and well-being pending a final determination.

Judge Brown reasoned that, given the serious nature of the allegations and the lack of expert evidence, it was prudent to maintain the existing consent orders from November 2018 as the primary framework for the children's care. However, specific interim orders were made to address immediate concerns, including provisions for school collections and handovers, a directive for the father to return a child to the mother if they became emotionally distressed in his care, and injunctions restraining both parents from physically disciplining the children and from seeking psychological treatment for the children without the other parent's written consent. Crucially, the court ordered the appointment of an Independent Children's Lawyer to represent the children's interests. The matter was adjourned for further directions.