SALMON & HOWARD

This case concerned an application by Mr Salmon (the father) against Ms Howard (the mother) for interim parenting orders regarding their two young children. The dispute arose following the parties' separation and divorce, with ongoing proceedings concerning the children's living arrangements and time spent with each parent. The matter came before Justice Macmillan of the Family Court of Australia.

The court was required to determine the father's application to vary existing interim parenting orders. Specifically, the father sought to extend the time the children spent with him, including overnight stays during the week, increased weekend time, and specific provisions for school holidays, Christmas, and other special occasions. The court also had to consider the mother's ongoing failure to comply with previous court orders regarding the filing of evidence and her response to the father's application.

Justice Macmillan applied the principles for making interim parenting orders, noting that such proceedings involve an abridged process where the scope of inquiry is curtailed, and the court should avoid making findings of fact or delving into the merits of the substantive case where findings are not possible. The court considered the best interests of the children, as mandated by section 66CC of the *Family Law Act 1975* (Cth), and the objectives outlined in section 60B of the Act. Given the mother's failure to file any evidence or a response to the father's application, his evidence was uncontested. The court found that the father's proposed orders, which would result in the children spending substantial time with both parents and limiting direct contact during changeovers, were in the children's best interests and reasonably practical.

The court made interim orders varying the existing parenting arrangements to reflect the father's application, with provisions for holidays and special occasions to remain in place pending a final hearing. The final hearing was scheduled for 13 May 2013, and directions were given for the filing of documents in preparation for that hearing, including a warning to the mother that further non-compliance could result in the matter proceeding on an undefended basis. The costs of the father's Application in a Case were reserved.