LEOPOLDO & PETTY

In the matter of *Leopoldo & Petty*, heard by Tree J, the dispute concerned interim parenting orders and injunctive relief. The applicant father sought orders regarding the residence of the parties' two children, B and C, and sought to restrain the respondent mother's behaviour. The court also considered procedural matters, including the service of subpoenas and the possibility of proceeding to a final hearing on an undefended basis.

The central legal issues before the court were: firstly, with whom the children should live on an interim basis, considering the paramountcy of the children's best interests; secondly, whether an injunction should be granted to restrain the mother from attending the father's and paternal grandparents' residences; and thirdly, procedural applications concerning the service of subpoenas and the conduct of the hearing.

Tree J reasoned that the overwhelming concern was to protect the children from physical or psychological harm and exposure to abuse and family violence. The court noted a history of family violence between the parties, and specifically found that the mother had engaged in abusive and violent behaviours, coupled with persistent substance abuse issues and serious mental health concerns. Given these factors, and the absence of any proposal from the mother regarding time with the children, the court ordered that the children live with the father. Furthermore, an injunction was granted restraining the mother from attending specified residences, and her time with the children was reserved. Leave was also granted to the applicant to serve subpoenas on independent sources and to proceed to a final hearing on an undefended basis, as the respondent's time to file a response had expired.