MULLINS & LIEN

This matter concerned an application for interim care arrangements for two children, aged five and six. The dispute arose in the context of allegations of family violence between the parents and a lack of effective communication. The court was required to determine the best interests of the children in light of these circumstances.

The court's primary focus was on establishing interim parenting orders that would safeguard the children's welfare. This involved considering the matters outlined in section 60CC of the Family Law Act 1975, particularly the need to protect the children from family violence and to promote their relationship with both parents, subject to that protection. The court also had to address the practicalities of communication and handover arrangements between the parents.

The court made detailed orders regarding the children's time with each parent, including arrangements for the Christmas 2020/2021 school holidays, short school holiday periods in 2021, and specific times during the 2020 Christmas and 2021 Easter periods. Handovers were to occur at designated locations, and the children were to remain enrolled at the same school. The court also noted the application of section 102NA of the Family Law Act 1975, which restricts unrepresented parties from cross-examining other parties in proceedings involving family violence allegations. The matter was adjourned for further directions, including trial directions, and a final hearing was scheduled.