Noble & Noble

In *Noble & Noble*, Baumann J of the Family Court of Australia considered contested interim parenting orders concerning the residence of two children, X and Y. The father sought an interim order for the children to reside with him and for a moratorium on contact with the mother. The mother contended for different arrangements.

The central legal issues before the Court were whether the father presented an unacceptable risk of harm to the children, and conversely, whether the children were at risk of emotional harm in the mother's care. The Court was required to determine the best interests of the children, particularly in light of the need to protect them from harm and to foster meaningful relationships with both parents.

Baumann J found that the father did not present as an unacceptable risk of harm to the children, despite acknowledging past conduct by the father that could have been better and a police matter where no conviction was recorded. The Court was satisfied that the father was capable of supporting the children's relationship with their mother. Conversely, the Court found that the children were at a form of risk of emotional harm in the mother's care, noting that the mother had not demonstrated a capacity to foster the children's relationship with their father. The Court considered the evidence, including reports from a Family Consultant, and applied the principles under section 60CC of the *Family Law Act 1975* (Cth), giving weight to the need to protect the children from harm.

The Court made interim orders for the children to live with the father and imposed a moratorium on the mother's time with the children pending further order. The matter was adjourned for three months, with directions for the children to attend counselling and for the preparation of reports to inform future proceedings. The Court also ordered the appointment of an Independent Children's Lawyer due to the complexity of the matter.