Simmons & Simmons

In the matter of *Simmons & Simmons*, Hannam J of the Family Court of Australia considered competing interim applications concerning the parenting of three children. The mother sought sole parental responsibility and no time or communication between the children and the father, alleging the father posed a risk due to past sexual abuse of the eldest child. The father denied the risk and proposed limited supervised time with the children, a proposal supported by the Independent Children's Lawyer (ICL).

The central legal issue before the Court was to determine which interim parenting orders were in the children's best interests, as mandated by section 60CA of the *Family Law Act 1975* (Cth). This required balancing the benefit of a meaningful relationship with both parents against the need to protect the children from harm, with greater weight to be given to the latter. The Court also considered the presumption of equal shared parental responsibility under section 61DA, and whether it should apply at this interim stage given the allegations.

Hannam J reasoned that an order for no time with the father risked permanently damaging any possibility of a meaningful relationship and could cause psychological harm by reinforcing the children's belief that the father posed a risk. The Court noted that a single expert's recommendations appeared to support a continued relationship with the father, even if abuse were found, and suggested ways to mitigate risk through supervision. Applying the paramount consideration of the children's best interests, and giving due weight to the expert's views and the ICL's support for the father's proposal, the Court found that supervised time would preserve the children's relationship with their father while adequately mitigating any potential harm. The Court also made orders for the mother to hold sole parental responsibility, acknowledging her role as primary carer and the lack of existing parental communication.

The Court made orders consistent with the father's proposal, granting him supervised time with the children each alternate Saturday for three hours, facilitated by a supervision agency, with the father solely responsible for the supervision costs. The mother was granted sole parental responsibility, and the children were to live with her. Existing orders regarding the mother facilitating attendance at certain services and psychological support remained in place.