RAEBURN & RAEBURN

In the matter of *Raeburn & Raeburn*, Judge Newbrun of the Family Court of Australia considered interim parenting orders concerning two children, X (born 2007) and Y (born 2011). The dispute involved the mother and father, with the court tasked with determining the best interests of the children in the interim period.

The central legal issues before the court were how to best ensure the children's welfare and safety pending final determination of parenting arrangements. This included addressing concerns raised about the father's drug use and its potential impact on his parenting capacity and the children's exposure to harm. The court was required to balance the children's need for stability and safety with the father's right to spend time with them, considering the evidence presented regarding drug testing and the father's living arrangements.

The court's reasoning focused on the paramountcy of the children's best interests, as mandated by the *Family Law Act 1975* (Cth). To mitigate risks associated with the father's drug use, the court made detailed interim orders. These orders included the children living with the mother, with supervised time for the father that progressively increased in duration and independence contingent upon the father providing a series of clean drug screens. The father was also restrained from consuming illicit or non-prescription drugs, and required to live with his parents when the children were in his care. Furthermore, an independent expert, Dr C, was appointed to report on the father's drug use, potential addiction, mental health, and overall parenting capacity, with specific matters for consideration outlined in the orders.

The court ordered the discharge of all previous parenting orders and established a phased approach to the father's time with the children, conditional on his compliance with drug testing and other requirements. The father was also restrained from denigrating the mother and discussing proceedings in the children's presence. The court also made orders regarding communication, school liaison, and the appointment of an expert to assess the father's drug use and its implications for his parenting. The matter was adjourned for mention, with liberty to relist.