PAINTON & PAINTON

In *Painton & Painton*, Altobelli J of the Federal Circuit and Family Court of Australia considered an application for interim parenting orders concerning two children. The dispute arose from allegations of family violence and illicit drug use by both parents, creating a perceived risk of harm to the children.

The central legal issue before the court was whether to make interim orders that would remove the children from the care of both parents and place them with a neutral third party, specifically the maternal grandmother, pending a final hearing. This required the court to assess the immediate risks to the children's safety and wellbeing posed by each parent's conduct.

Altobelli J applied the principles governing interim parenting orders, emphasising the paramountcy of the children's best interests and the need to protect them from harm. The court considered the evidence presented regarding family violence and drug use, weighing the credibility of the allegations and the potential impact on the children. The judge determined that the risks associated with both parents' current circumstances necessitated a protective measure that removed the children from their direct care.

Consequently, the court made interim orders placing the children in the sole care of the maternal grandmother, with supervised contact arrangements for both parents. This outcome reflected the court's assessment that such an arrangement was necessary to ensure the children's immediate safety and wellbeing.