Manahan & Falsberg

In the matter of *Manahan & Falsberg*, Ms Manahan, the applicant, sought orders from Justice O'Shannessy of the Federal Circuit Court of Australia concerning her children, X and Y. The application involved Mr Falsberg and Ms Pelgram as respondents. The core of the dispute revolved around the welfare and living arrangements of the children, with specific concerns raised regarding the parents' conduct and the need for interim protective measures.

The court was required to determine several legal issues, including whether to stay previous orders made by a Senior Registrar, vacate a scheduled hearing, and adjourn the application for review of a Registrar's decision. Crucially, the court had to consider the conditions under which any interim orders would be granted, focusing on the safety and well-being of the children. This included assessing the need for an Independent Children's Lawyer and the necessity of obtaining reports from relevant government departments concerning the children and the parties involved.

Justice O'Shannessy reasoned that interim orders were necessary to safeguard the children pending further determination. The court applied principles relating to the paramountcy of the child's welfare, imposing stringent conditions on the parents. These conditions included prohibitions on illicit drug use and physical discipline, requirements for the children to reside with their maternal grandmother with substantial attendance, and restrictions on smoking in the children's presence. The court also directed compliance with medical advice and mandatory COVID-19 testing. Furthermore, the court recognised the need for independent representation for the children and sought extensive documentation from the Department of Health & Human Services and the Department of Child Safety, Youth and Women, pursuant to section 69ZW of the *Family Law Act 1975* (Cth), to inform its decision-making process.

The court ordered a stay of paragraphs 1, 2, and 3 of the Senior Registrar's orders of 22 December 2020, vacated the listing on 8 January 2021, and adjourned the application for review to 25 January 2021 for an interim defended hearing. The stay was granted subject to the detailed conditions outlined in the order, including the children's residence with the maternal grandmother and specific contact arrangements. The court also ordered the appointment of an Independent Children's Lawyer and requested specific documents from government departments.