Tabor and Schell

In the matter of *Tabor and Schell*, Hannam J of the Federal Circuit and Family Court of Australia made orders concerning the parental responsibility and living arrangements for three children. The dispute involved the mother and father of the children, with the court ultimately granting the mother sole parental responsibility and ordering that the children live with her. The father was prohibited from spending any time with or having any communication with the children.

The court was required to determine the best interests of the children in light of the risks posed by both parents. Specifically, the court considered the mother's drug use and the father's conduct, which necessitated significant protective measures. The court also had to consider the application of relevant provisions of the *Family Law Act 1975* (Cth) concerning parental responsibility, child living arrangements, and personal protection orders.

Hannam J reasoned that the children's safety and well-being were paramount. The orders reflected a determination that the mother should have sole parental responsibility and that the children should reside with her, with no contact permitted with the father. The court also imposed conditions on the mother regarding her drug use while caring for the children. Crucially, the court issued injunctions under section 68B of the *Family Law Act 1975* restraining the father from approaching or contacting the mother or children, and from being within specified proximity of their homes, workplaces, and any locations where the children engaged in activities. These injunctions were made for the personal protection of the mother and children, with the potential for arrest without warrant under section 68C. Furthermore, the court directed that the Secretary of the New South Wales Department of Communities and Justice be provided with the orders and reasons, requesting statutory action under the *Children and Young Persons (Care and Protection Act 1998* (NSW) to address the risks identified for both parents.