Aitchison & Elkers

In the matter of *Aitchison & Elkers*, heard by Judge Kari, the dispute concerned parenting orders for the child X. Mr Aitchison, the applicant father, and Ms Elkers, the respondent mother, sought to vary existing final orders made on 18 October 2019. The mother's position regarding the arrangements for X had shifted during the proceedings, from initially agreeing to the father spending time with X to proposing supervised contact, and ultimately advocating for a return to the previous final orders.

The court was required to determine several legal issues, including the specific interim parenting arrangements for X during a defined period, the suspension of certain clauses within the existing final orders, and the imposition of injunctions to regulate the parents' conduct, particularly concerning X's school attendance and interactions at the school. Furthermore, the court needed to address the need for a Family Assessment concerning the competing parenting applications and establish the terms and timeline for this assessment, including the appointment of an expert, the scope of the assessment, and the responsibilities of the parties in facilitating it.

Judge Kari's reasoning led to a series of orders aimed at managing the immediate care of the child, regulating parental conduct, and facilitating a comprehensive assessment of the parenting arrangements. The court suspended specific provisions of the final orders to implement interim arrangements for X to live with the father for a limited period, with detailed handover protocols. Injunctions were granted to prevent the mother from attending X's school except under specific circumstances and to restrain both parents from keeping X home from school without valid reasons, such as a medical certificate. Crucially, the court ordered a Family Assessment by Ms B, outlining the scope of the assessment, the expert's responsibilities, and the parties' obligations to cooperate and share costs, with a view to informing future parenting orders.

The court ordered that the child X live with the father from 5pm on 2 July 2021 until 5pm on 17 July 2021, with specific handover arrangements. Paragraphs 5 and 13 of the final order of 18 October 2019 were suspended during this period, while the remainder of the final order was to remain in effect. Injunctions were granted restraining the mother from attending X's school during the father's care, except for specific drop-off and pick-up times or at the request of the school or father. Both parents were also restrained from keeping X home from school except in emergencies or with a medical certificate. The court mandated a Family Assessment by Ms B, to be completed by 30 October 2021, at the joint expense of the parties, and to address matters including X's views, the best interests principles under the *Family Law Act 1975* (Cth), and any other relevant welfare concerns. The proceedings and a contravention application were adjourned to 25 November 2021, with all other interim applications dismissed.