Manahan & Falsberg (No 2)

In the matter of *Manahan & Falsberg (No 2)*, O'Shannessy J of the Federal Circuit Court of Australia made orders concerning the welfare of two children, X and Y. The proceedings involved Ms Manahan (the Paternal Grandmother) as the applicant, and Mr Falsberg and Ms Pelgram (the Respondent Parents) as the respondents. The dispute centred on the living arrangements and contact arrangements for the children, as well as the conduct of the parents.

The court was required to determine a range of issues relating to the children's best interests, including their primary residence, interim contact arrangements for the Paternal Grandmother, and specific prohibitions on the parents' behaviour. These prohibitions included restrictions on illicit drug use, physical discipline, and smoking in the presence of the children. The court also addressed the need for medical assessments and the facilitation of family reports.

O'Shannessy J applied principles of the *Family Law Act 1975* (Cth) to make orders aimed at ensuring the children's safety and well-being. The court ordered that the children live with the Respondent Parents, but with substantial attendance by the Maternal Grandmother. Interim contact was facilitated for the Paternal Grandmother, subject to notice and specific timeframes. Crucially, the court imposed strict restraints on the parents regarding drug use, physical discipline, and smoking. The court also directed the parties to attend interviews for a family report and authorised the Independent Children's Lawyer to issue subpoenas. The Maternal Grandmother provided an undertaking to be bound by the orders and to notify the Paternal Grandmother of any breaches. The matter was adjourned for an interim defended hearing.