Silberg and Liegh and Anor (No.2)

In *Silberg and Liegh and Anor (No.2)*, Judge Brown of the Family Court of Australia considered an application for a stay of interim orders pending an appeal, in circumstances involving allegations of serious sexual abuse against the father. The children were independently represented, and child protection authorities had intervened. The dispute arose after an order was made for the father to spend daytime periods unsupervised with the children, which reportedly caused distress.

The court was required to determine whether to grant a stay of the interim orders pending the appeal, and also to consider further interim applications made by the mother. Central to the court's determination was the best interests of the children, particularly in light of ongoing investigations by relevant authorities into further notifications. The court also had to weigh the balance of considerations, including the uncertainty regarding the timing of the appeal determination.

Judge Brown reasoned that a stay of the existing orders was not warranted, but the interim applications were refused pending the outcome of the relevant investigations. The court acknowledged the distress experienced by the children and the ongoing child protection concerns. Consequently, the father's unsupervised time with the children was suspended pending further order. The court also made directions regarding any therapeutic counselling for the children, requiring the father's consent or a court order before it could proceed.