SILBERG & LIEGH

In *Silberg & Liegh*, heard by Judge Brown, the dispute concerned interim arrangements for the care of two children, aged 10 and 4. The mother alleged that the father had sexually abused the younger child, leading to criminal charges against the father and an investigation by child protection authorities. While the sexual abuse allegations were not substantiated and the criminal charge was withdrawn, a child protection report recommended no contact between the father and children until a comprehensive parenting assessment was completed. The father, in turn, alleged that the mother had fabricated the allegations or that the younger child had been assaulted by someone associated with the mother, and sought immediate placement of the children in his care. The proceedings were characterised by high conflict, with the mother also alleging the father had subjected her to coercive and controlling family violence.

The court was required to determine the appropriate interim care arrangements for the children, balancing the competing allegations and the need to assess risk. Key issues included the assessment of risk to the children, the proportionate response to any identified risks, and the paramount consideration of the children's best interests in the context of significant allegations and counter-allegations of abuse and family violence.

Judge Brown reasoned that despite the unsubstantiated nature of the sexual abuse allegations and the withdrawal of criminal charges, a cautious approach was warranted given the seriousness of the claims and the child protection report's recommendation. The court acknowledged the father's desire for immediate placement but found that the risks identified necessitated a measured response. The court applied the principles of assessing risk and acting in the best interests of the children, particularly in circumstances of high conflict and allegations of family violence. The court also considered the need to protect the children from parental denigration and discussion of the proceedings.

The court ordered that the children spend supervised time with the father on one weekend day each week between 10:00 am and 4:00 pm, commencing on 29 February 2020. An existing injunction was continued, and both parties were restrained from denigrating or abusing the other, or discussing the proceedings in the presence of the children or on social media.