PARFREY & YEATMAN

This matter concerned interim proceedings in the Family Court of Australia regarding the care arrangements for seven-year-old twins. The proceedings were brought by the mother and father, who had made allegations of exposure to family violence and abuse concerning the children.

The court was required to determine the nature of the interim hearing, specifically how to assess risk in circumstances involving allegations of family violence and abuse. The court also had to consider the paramount consideration of the children's best interests and the importance of maintaining a meaningful relationship between the children and each parent.

In its reasoning, the court acknowledged the heightened need for caution and a thorough assessment of risk at the interim stage, particularly when allegations of family violence are present. The court applied the principles of the *Family Law Act 1975* (Cth), emphasising that the children's best interests are the primary consideration. The court balanced the need to protect the children from harm with the importance of preserving their relationship with both parents, taking into account the undertakings provided by the father and Ms B.

The court made orders for the children to live with the mother, with specific interim time arrangements for the father, including during school holidays and on special occasions. The orders also included provisions for communication between the children and the non-resident parent, injunctions restraining the parties from discussing proceedings with or denigrating the other parent in the children's presence, and a requirement for an Update Family Assessment Report. The matter was adjourned for further consideration following receipt of the report and a settlement conference.