NOEL & FAUCHER

In the matter of *NOEL & FAUCHER*, Dawe J considered an application by the mother seeking interim orders to suspend the father's time with the child, H Faucher. This application arose in circumstances where final orders had previously been made by consent, and the father had subsequently been charged with the assault of the mother. The mother sought orders that the father's time with the child be suspended and that various restraining orders be imposed against him.

The central legal issue before the court was whether, in light of the father's alleged assault of the mother and the best interests of the child, the father's existing time with H should be suspended pending further determination. The court was required to balance the father's right to spend time with his child against the need to protect the child and the mother from potential harm.

Dawe J reasoned that the allegations of assault, if proven, would be a significant factor in assessing the child's best interests. The court applied the principles of family law concerning the paramountcy of the child's welfare and the need for protection from harm. Consequently, the court ordered that paragraphs 4 and 5 of a previous order, which provided for the father to spend time with H, be suspended during the adjournment period. Furthermore, the court granted an injunction restraining the father from attending H's school or within 100 metres of it, and from removing or attempting to remove H from the mother's care. The matter was adjourned for further consideration of final and interim orders.