UNGAR & STILLMAN

In the matter of *Ungar & Stillman*, heard by Cronin J, the parties were engaged in protracted litigation concerning the parenting arrangements for two children. The dispute involved an interim application brought by the father and the Independent Children’s Lawyer seeking orders that one of the children, who was living with the mother, be removed to live with the father. The proposed orders also sought to restrict the mother’s time with the children to supervised contact pending the final hearing.

The court was required to determine whether to make interim orders suspending existing parenting orders and placing the children to live with the father, with supervised time for the mother. A key issue was the assessment of the mother's capacity to care for the child, given significant concerns raised by professionals, including a psychiatrist and the psychologist who prepared the family report. The court also needed to address the urgency of the matter, with the case having been before the Federal Circuit Court and requiring an expedited final hearing.

Cronin J reasoned that the mother had failed to provide any substantial material to counter the concerns raised by professionals. Applying principles related to the welfare of the children and the need for urgent determination of parenting matters, the court found it necessary to make interim orders to safeguard the children's best interests. The court noted the existing split living arrangement and the need for a stable environment pending final resolution.

Consequently, the court made orders suspending all extant parenting orders. The children were ordered to live with the father until further order, and both parents were directed to enrol at a contact centre for supervised time. The father was granted sole parental responsibility for major long-term decisions. The matter was adjourned and fixed for a final hearing, with a detailed timetable set for the filing of evidence, including affidavits, and case outlines.