Adley and Adley

In *Adley and Adley*, Rees J of the Family Court of Australia considered an application by the father seeking time with the child, B. The mother opposed the father's application, citing concerns for the child's safety and her own capacity to cope with any contact. The dispute centred on the father's long-standing absence from the child's life and the potential impact of reintroducing contact.

The court was required to determine the best interests of the child, B, in accordance with the relevant provisions of the *Family Law Act 1975* (Cth). Specifically, the court had to assess the likely effect of any changes in the child's circumstances, including the impact of separation from his parents and other significant persons. The court also considered the practical difficulties and expense associated with facilitating contact between the child and the father, and whether these would substantially affect the child's right to maintain regular personal relations and direct contact with both parents.

Rees J found that B required stability and routine, and that a change in living arrangements would be devastating for him. The court noted a lack of evidence regarding how B would cope with such changes, particularly if removed from his mother's care. The mother's evidence, which the court accepted, indicated that she would be unable to cope with B spending time with his father, leading to a significant risk of B facing foster or institutional care. The court also considered the practical difficulties in arranging supervised contact, noting the absence of evidence regarding the availability of suitable contact centres or supervisors qualified to assess the impact of visits on B.

Consequently, the court dismissed the father's application for time with the child. The orders made provided for the mother to have sole parental responsibility for B, with the child to live with her. The mother was restrained from removing B from his current school for one year, and the father was restrained from attending the school.