MORELLI & KIRIAKOU

In *Morelli & Kiriakou*, Hartnett J considered an application by the father to discharge final parenting orders made by consent in July 2019 concerning the parties' two children. The mother had made allegations of family violence, and an intervention order was in place. The central dispute revolved around whether the children were at risk of harm.

The court was required to determine the interim arrangements for the children pending the final hearing of the father's application to discharge the existing parenting orders. This involved assessing the immediate welfare of the children in light of the allegations of family violence and the existing intervention order.

Hartnett J ordered that pending the adjourned date, the children's time with the father under the final parenting orders be suspended. In lieu thereof, the children were to spend supervised time with the father on specific dates, with supervision to be provided by the father's mother, who was required to give an undertaking to supervise, report any inappropriate conduct, and terminate the time if necessary. The court also made orders regarding the service and production of documents via subpoenas to Victoria Police, amended the return date for these subpoenas, and imposed interim restraints on the parties concerning the children's sleeping arrangements, physical punishment, and proximity to each other's homes. Crucially, the court declared that its orders would prevail over any inconsistent interim intervention order made by a Magistrates' Court, rendering such intervention orders invalid pursuant to sections 68Q(1) and 69P(2)(a) of the *Family Law Act 1975* (Cth).