Pelham & Jupp

In the matter of *Pelham & Jupp*, Berman J of the Federal Circuit and Family Court of Australia considered interim parenting arrangements for two children. The mother, Ms. Pelham, was the applicant and the father, Mr. Jupp, was the respondent. The Independent Children’s Lawyer also participated in the proceedings. The central dispute involved the father's desire to spend significant and substantial time with the children, which the mother opposed, particularly in light of allegations of sexual abuse.

The court was required to determine the best interests of the children in circumstances where there were allegations of sexual abuse, Child Protection Services had been unable to clarify concerns, and the status of any police investigations involving the father was uncertain. The court also had to consider the father's proposal for unsupervised time versus the mother's opposition to any contact, while acknowledging the importance of maintaining a relationship between the father and children where possible and managing any identified risks.

Berman J adopted a structured approach to the parenting considerations, beginning with the parties' proposals, the objects and principles of the *Family Law Act 1975* (Cth), and then applying the provisions of section 60CC. The judge emphasised the paramount consideration of the children's best interests, which includes the benefit of a meaningful relationship with both parents and the need to protect them from harm. The court noted that at an interim hearing, evidence has not been tested, necessitating a cautious approach. The judge acknowledged the mother's concerns regarding potential risk to the children, particularly X, due to alleged sexual abuse by the father, while also recognising the need to foster a relationship between the children and their father, with any risk to be managed through supervised visits.

The court ordered that further consideration of interim parenting arrangements be adjourned. In the interim, the children were to spend time with the father on two specific dates, with such time to be supervised by a family consultant.