Quincy & Quincy

This case concerned an application by the mother for interim orders regarding the children's living arrangements and time with the father, and a separate application by the mother to travel with the children to the United Kingdom. The father sought significant and substantial time with the children. Allegations of family violence were raised, and the court was required to adopt a cautious approach given that the evidence had not been tested.

The court was required to determine the best interests of the children in relation to their living arrangements, the extent and nature of the father's time with them, and whether the mother should be permitted to travel with the children to the United Kingdom for two months. The court also considered the impact of COVID-19 on international travel and the potential risks associated with such travel.

Berman J ordered that the children live with the mother and that the father have progressively increasing time with them, commencing with supervised time and moving towards unsupervised alternate weekend and weekday overnights. The court noted the father's progress in gaining insight into the consequences of his past conduct and his efforts to cease alcohol consumption. The mother's application to travel to the United Kingdom was refused, with the court taking judicial notice of the difficulties and risks associated with international travel during the pandemic, including isolation, infection, and the inability to return to Australia, concluding that such travel would not be in the children's best interests. Injunctions were granted restraining the removal of the children from Australia and restraining the father from consuming alcohol while the children were in his care. The court also made orders regarding communication between the parties and prohibitions against denigrating the other parent or discussing proceedings in the presence of the children.