Tabano and Yabon (No 3)

In *Tabano and Yabon (No 3)*, Forrest J of the Family Court of Australia considered an application by the father for interim orders granting him sole parental responsibility for the three children and for the children to live with him. The application was opposed by the mother and the Independent Children’s Lawyer. The proceedings concerned parenting arrangements for the children, following a nineteen-day trial conducted between March and May 2020, in which judgment had been reserved.

The primary legal issue before the Court was whether it was appropriate to make fresh interim parenting orders while judgment in the substantive parenting proceedings was pending. A secondary issue arose from the father's application that the mother and her affidavit be referred to the Attorney-General for consideration of prosecution for perjury or fabrication of evidence under the *Criminal Code 1899* (Qld).

Forrest J determined that it was not appropriate to make fresh interim parenting orders in circumstances where judgment in the substantive parenting trial had been reserved. The Court reasoned that to do so would undermine the final judgment process and create uncertainty for the parties and the children. The application for referral to the Attorney-General was also dismissed, implicitly as part of the overall dismissal of the father's applications.

The father's Application in a Case filed on 1 October 2020 was dismissed, as were all other oral applications made by the father during the hearing on 2 November 2020.