Swain & Lorne

In the matter of *Swain & Lorne*, heard by Rees J, the applicant father, Mr Swain, and the respondent mother, Ms Lorne, sought interim parenting orders concerning their three children. The dispute involved allegations of family violence, which significantly shaped the court's considerations regarding the children's living arrangements and contact with their parents and a third party.

The court was required to determine the interim living arrangements for the children, specifically whether they should reside with the mother or father, and to establish the terms of the father's weekend contact. A key issue was the presence of Mr B, the mother's current partner, and the impact of his alleged behaviour on the children, necessitating orders to restrain his contact with them. The court also had to consider provisions for the collection and delivery of the children for contact, and measures to prevent denigration of either parent in the children's presence.

Rees J applied principles relating to the best interests of the children, with a particular focus on ensuring their safety and well-being in light of family violence concerns. The court ordered that the children live with the father each weekend from Friday after school until Monday morning, and with the mother at all other times. Crucially, Mr B was restrained from residing with, spending time with, or having any contact with the children. The father was directed to manage the children's school transitions for weekend contact, and both parents were ordered to refrain from discussing the proceedings or denigrating each other in the children's hearing. The Independent Children’s Lawyer was granted liberty to provide the orders to the Department of Communities and Justice.