ALDANA & GARZA

In the matter of ALDANA & GARZA, Her Honour Judge C E Kirton QC considered an interim parenting dispute between the Father and the Mother concerning the child. The Father sought orders for unsupervised time with the child, which the Mother opposed. The court's decision was made in circumstances where no risk to the child was identified.

The central legal issue before the court was whether to grant the Father unsupervised time with the child, and if so, on what terms. This required the court to consider the child's best interests in accordance with the relevant provisions of the *Family Law Act 1975* (Cth), particularly ss. 60CC, 61DA, and 65DAA, and to assess the evidence presented regarding the child's welfare.

The court reasoned that, in the absence of identified risks, it was appropriate to make orders for the Father to spend unsupervised time with the child. The specific orders detailed the days and times for this contact, including Monday mornings and Thursday afternoons, with designated changeover locations. The court also directed the Respondent to provide the Applicant with details of the child's medical practitioners. Furthermore, pursuant to s. 62G(2) of the *Family Law Act 1975* (Cth), the parties and the child were ordered to attend upon a Family Consultant for the preparation of a Family Report to be filed prior to the final hearing. The Family Report was to address the child's views, the matters set out in ss. 60CC, 61DA and 65DAA, the likely effect of proposed orders, and any other matters relevant to the child's welfare and best interests. The court also made provisions regarding the sharing of special occasions and other agreed time, and outlined procedures for the Family Consultant's access to documents and the parties' compliance with directions.