Webber & Budd

This matter concerned interim proceedings in the Family Court of Australia, brought by the mother, who had filed a Notice of Risk of Abuse concerning the children. The dispute centred on whether the children were at risk of abuse and, pending finalisation of the proceedings, with whom the children should live and spend time, always considering their best interests.

The court was required to determine whether the children were at risk of abuse, and if so, how that risk should be managed. Furthermore, the court had to make orders regarding the children's living arrangements and time spent with each parent, ensuring these decisions were in the children's best interests.

His Honour Faulks DCJ found no risk of abuse and consequently made orders for the management of risk by both parents. The mother was granted sole parental responsibility, with the caveat that she must consult the father on all major matters concerning the children, particularly regarding S's health, and keep him regularly informed of S's treatment and condition. The father was similarly ordered to inform the mother of S's activities, food, and any treatment carried out during his time with the children, and to report any changes in S's condition. The children were to live primarily with the mother, spending every second weekend with the father. Specific orders were made restraining the father from certain behaviours towards E and requiring him to consult with S's diabetes treatment team and diligently carry out S's treatment. The parties were ordered to share all relevant information about S and his treatment.