Riek and Gambar

In the matter of Riek and Gambar, Johns J of the Family Court of Australia considered interim applications concerning the welfare of three children. The dispute involved serious allegations of family violence raised by the mother, which were yet to be tested. The father had returned to Africa in late 2008, and the mother asserted she had been the children's primary and sole caregiver since that time, with limited involvement from the father.

The court was required to determine interim orders regarding the children's living arrangements and the procedural steps for the continuation of the proceedings. Specifically, the court had to consider the best interests of the children in light of the allegations and the existing family dynamics. The court also needed to set out the particulars of the obligations created by its orders and the potential consequences of contravention, as required by the Family Law Act.

Johns J applied the principles set out in section 60CC of the Family Law Act, which governs the considerations for determining the best interests of a child. The judge acknowledged the seriousness of the untested allegations of family violence and the father's lack of involvement in the children's lives since 2008. Balancing these factors for the short term, and pending a more comprehensive hearing, the court determined that it was in the children's best interests to reside with the mother. The court also made orders for the adjournment of extant interim applications and set out specific procedural requirements for both parties, including service of documents and filing of responses.