Tabakin & Tabakin

In the matter of *Tabakin & Tabakin*, Ms Tabakin (the mother) applied to the Federal Circuit and Family Court of Australia for parenting orders concerning her two children, seeking to discharge previous orders that provided for supervised time between the father and the children. The mother proposed that she have sole parental responsibility without any caveats, and that the father have no time with the children unless with her express written consent. The father opposed this application, seeking the continuation of the existing interim orders pending a final hearing.

The court was required to determine the appropriate interim parenting arrangements for the children, considering allegations of sexual abuse by the father, the father's opposition to the mother's proposed orders, and the fact that the matter was listed for a final hearing in approximately seven months. The court also needed to consider the necessity of trial directions to ensure the progression of the matter.

McClelland DCJ applied the principles for interim proceedings as outlined in *Goode & Goode*, which involve identifying competing proposals, disputed issues, and relevant facts, and considering the matters set out in section 60CC of the *Family Law Act 1975* (Cth). The court noted that in interim proceedings, it is often not possible to make definitive findings of fact, particularly regarding serious allegations such as sexual abuse, which would impact the presumption of equal shared parental responsibility under section 61DA of the Act. Given the serious allegations and the lack of sufficient information to make findings at this interim stage, the court decided to suspend the supervised contact time pending further order. The court also ordered the parties and children to attend a child-inclusive conference with a Family Consultant, with separate meeting times for the mother and children compared to the father, and directed that the consultant's assessment be reportable to the court.

The court ordered that the previous orders for supervised contact between the father and children be suspended until further order. Existing orders regarding the mother's sole parental responsibility, with a requirement to consult the father on long-term decisions, were to remain in effect, although the order requiring consultation was amended to state that the father shall not spend time with the children without the mother's express written consent. The proceedings were confirmed to proceed to a final hearing commencing on 25 October 2021, with detailed directions for financial disclosure and the filing of affidavits.