By and -

Key decisions

  • Hannigan [2025] FedCFamC1A 117
  • Catlin [2025] FedCFamC1A 110
  • Pantoja [2025] FedCFamC1A 104
  • Zha & Wun (No 2) [2025] FedCFamC1A 101

CHILDREN

Interim order for no time – evidence of past violence strong foundation for finding that father unacceptable welfare risk

In Hannigan [2025] FedCFamC1A 117 (3 July 2025), the Full Court (Austin, McGuire & Riethmuller JJ) dismissed a father’s appeal from an interim order of Schonell J that provided for no time between him and the parties’ 10 and seven-year-old children.

The parents lived under the same roof while separated for two months, when the father was arrested for offences against the mother and the eldest child. The allegations included that the father had sexually and physically assaulted the mother, covertly recorded her, choked the eldest child and threatened him with a belt (at [4]).

The Court found the mother and children were at risk of violence, and ordered no time and communication between the father and the children without the mother’s consent. On appeal, the father argued the Court had not identified the nature of any possible risk to the children and therefore could not properly assess whether the risk was unacceptable (at [15]).

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