STRONG & STRONG

In the matter of STRONG & STRONG, Judge Brown considered interim parenting arrangements for two children, aged 11 and 8. The dispute involved allegations of family violence, mental incapacity, and alcohol abuse, with the father seeking the relocation of the children interstate. The mother asserted that the relocation was justified due to her alleged incapacity and abandonment of the children.

The court was required to determine the nature of an interim hearing in the context of serious allegations, assess the risk posed to the children, and consider the issues surrounding the proposed relocation. The court also had to categorise the circumstances as an emergency and apply the paramount consideration of the children's best interests in making its interim orders.

Judge Brown reasoned that at an interim stage, the court must make orders that protect the children while preserving the status quo as much as possible, unless there is a compelling reason to depart from it. The court found that the allegations of family violence and the mother's alleged incapacity warranted careful consideration of the children's safety and well-being. The court ordered the father to return the children to the mother's care, with specific provisions for their living arrangements, time spent with each parent, communication, and the exchange of information regarding their welfare. The court also mandated a family report to assist in determining the final parenting orders.