Leven and Waite (No 2)

In *Leven and Waite (No 2)*, Cronin J of the Family Court of Australia considered an application concerning the living arrangements and contact with three children, X, Y, and Z. The dispute arose in the context of ongoing criminal proceedings against a party referred to as LO, and the mother's application for orders regarding the children's residence and contact.

The court was required to determine whether to discharge previous orders made on 11 May 2010 and 16 June 2010, and to make new orders regarding the children's residence and contact with LO. Specifically, the court had to consider the impact of the criminal proceedings on the children's welfare and safety, and whether to grant an injunction restraining the mother from allowing contact between the children and LO.

Cronin J ordered that previous orders be discharged and that the children live with the mother until further order. Crucially, an injunction was granted restraining the mother from allowing any of the children to have contact with LO until the conclusion of all criminal proceedings against LO. The court also adjourned the amended application and response for a final hearing, with provisions for an undefended hearing if the father decided not to proceed. The children were to be released forthwith to the mother's care, and the mother's costs were reserved.