Tadayon and Anor and Ellal

The matter of Tadayon and Tadayon v Ellal concerned various children's issues before the Family Court of Australia. The applicants were the wife and the maternal grandmother, with the husband as the respondent. The dispute involved interim arrangements for the four children of the marriage, following previous orders made by a Federal Magistrate and subsequent proceedings before other judges of the Family Court. The court was tasked with determining appropriate interim parenting orders, including time spent between the husband and the children, and addressing procedural matters such as the appointment of an Independent Children's Lawyer and the preparation of a Family Report.

The court was required to determine the best interests of the four children, aged between four and almost eleven years, in the context of interim parenting arrangements. Specifically, the court needed to decide on the extent and nature of the time the husband would spend with the children, considering the existing interim residence order favouring the maternal grandmother and the history of the proceedings, including a previous recovery order. Furthermore, the court had to address the urgent need for the appointment of an Independent Children's Lawyer and the preparation of a Family Report by a Family Consultant, as these processes had not yet commenced despite earlier orders.

Justice Young, acknowledging the interim nature of the proceedings and the lack of opportunity for cross-examination, reasoned that the children's wishes, subject to their age and maturity, were important considerations. He noted the maternal grandmother's current interim residence order and her undertaking to reside with the mother, and found the mother's proposal for only five hours of contact per week with the husband to be minimal and unacceptable. Applying the principles of the *Family Law Act 1975*, particularly concerning the best interests of the children, the court ordered that the husband spend time with each of the four children on weekends from 10:00 a.m. Saturday to 4:00 p.m. Sunday, including one overnight stay. The husband was made responsible for the punctual collection and return of the children to the front gate of the wife's property. The court also made orders restraining both parties from assaulting, molesting, harassing, or threatening the other, and from entering each other's property beyond the front fence line. The court emphasised the importance of compliance with orders and directed solicitors to urgently pursue the appointment of an Independent Children's Lawyer and the preparation of a Family Report.