MOORS & SOBEY

This matter concerned an interim decision in parenting proceedings between the parties, Moors and Sobey, involving a recovery application for the child. The dispute was characterised by cross-allegations of domestic violence and drug use by both parties, as well as mental health issues affecting both the parents and the child. A significant factor was the separation of siblings. The court was required to determine whether there was an unacceptable risk of family violence in the father's home and whether it was inappropriate to apply the principle of equal shared parental responsibility, all within the overarching consideration of the child's best interests.

Judge Middleton directed the parties to attend a child dispute conference with a family consultant pursuant to section 11F(1) of the *Family Law Act 1975*. The court emphasised that failure to comply with the order or any instruction from the consultant would be reported to the court, which could then make further orders. The court also noted its power to make orders under section 11F(2) on its own initiative or upon application. The respondent was granted leave to file his response documents.

Furthermore, the court requested the intervention of the Department of Family and Community Service NSW pursuant to section 91B of the *Family Law Act 1975*. Leave was granted for departmental officers to inspect the court file and subpoenaed material. The Department was asked to advise in writing within 14 days whether they intended to intervene, with further orders to be made in chambers if they indicated a desire to do so, including formally joining the Department as a party, granting photocopy access to the court file and subpoenaed material at the court's expense, and relisting the proceedings for further case management directions.