Rader & Rader (No.4)

In the matter of *Rader & Rader (No.4)*, Judge B. Smith of the Family Court of Australia considered an urgent application brought by the Independent Children's Lawyer, supported by the mother, seeking to transfer parental responsibility for the children, [X] and [Y], from the father to the maternal grandparents, who were joined as second respondents. The core of the dispute concerned allegations of psychological risk to the children, with reliance placed on clinical notes detailing discussions between the children and their psychologists and counsellors.

The court was required to determine whether to grant the application for the maternal grandparents to assume sole parental responsibility for major long-term issues and for the children to live with them. Further issues included the extent to which the parents should be restrained from contacting the children and their associated professionals, the conditions under which the parents might spend time with the children, and the validity of existing family violence orders in light of the proposed parenting orders. The court also had to consider the implications of its orders on existing family violence orders and the notification requirements to relevant authorities.

Judge B. Smith reasoned that the evidence presented, including clinical notes, supported the urgent need for a change in the children's living arrangements and parental responsibility to ensure their psychological safety. The court applied principles relating to the paramountcy of the children's welfare and best interests, particularly in circumstances involving alleged psychological risk. The court found that the existing family violence order was inconsistent with the proposed parenting orders and, pursuant to s.68Q of the *Family Law Act 1975* (Cth), declared the family violence order invalid to the extent of the inconsistency.

The court ordered that, until further order, the maternal grandparents would have sole parental responsibility for major long-term issues, to be exercised jointly, and that the children would live with them. The parents were significantly restrained from contacting the children and their associated professionals, with any contact to be supervised and guided by a family therapist. The court also made specific orders regarding the father's and mother's time with the children, including conditions on the mother's alcohol consumption, and mandated family therapy. The court further ordered that copies of these orders be provided to the Local Court, the Commissioner of Police, and the Department of Communities and Justice.