Nimeiri and Babika (No 2)

In *Nimeiri and Babika (No 2)*, the Family Court of Australia considered an urgent interim application by the mother, Ms Nimeiri, seeking to suspend the father, Mr Babika's, time and communication with their three children. The application was prompted by serious allegations of violence and threats made by the father towards the mother, the children, and others. The court also considered injunctive orders to protect the mother and children.

The primary legal issues before the court were whether to suspend the father's time and communication with the children, and whether to issue protective injunctive orders against him. The court was required to assess the immediate risk to the children and the mother based on the allegations presented, and to determine the appropriate interim measures under the *Family Law Act 1975* (Cth), specifically sections 68B and 114 concerning parental time and communication, and section 65DA(2) regarding child protection.

Justice Benjamin, acknowledging that the mother's allegations were untested, found the material presented, including a previous family report raising issues of sexual assault and violence, to be troubling. Given the serious nature of the allegations of violence, threats, and controlling behaviour, and the potential risk to the children if left in the father's unsupervised care, the court made interim orders suspending the father's time and communication with the children. These orders also prohibited the father from harassing, molesting, stalking, or causing bodily harm to the mother or children, entering their premises, or approaching their workplace or schools. The court also directed that the children live with the mother, continuing a previous interim order, and adjourned the proceedings for a further interim hearing.