Badnall & Bartle

In the matter of *Badnall & Bartle*, heard by Cleary J, the Second Respondent mother sought to vary interim parenting orders concerning the subject child. The proceedings had been significantly delayed due to COVID-19 restrictions and subsequent applications by the First Respondent father. The mother sought to cease supervised time with the child, while the First Respondent paternal grandmother and the Independent Children's Lawyer opposed this application. The subject child resided with the paternal grandmother, and the mother had recently had another child, raising concerns from the Department of Communities & Justice regarding her capacity to care for that child, who had been exposed to domestic violence.

The court was required to determine whether it was reasonable to contemplate further interim orders given the significant delays to the trial, and specifically, whether the mother's application to cease supervised time with the subject child was in the child's best interests. The court also had to consider the safety and security of the subject child in light of the mother's circumstances, including the impending birth of her new child and concerns raised by the Department of Communities & Justice.

Cleary J reasoned that given the further six-month delay until the trial, it was reasonable to consider further interim orders. While acknowledging the mother's understandable desire for more relaxed time with the child, the court found that removing the supervision requirement would not be in the child's best interests. This decision was based on the mother's impending birth, questions regarding the stability of her accommodation, and the relationship between the mother and Mr G. The court emphasised that the safety and security of the child remained the priority.

The court made orders by consent, incorporating additional supervised time for the child with the mother on the child's birthday and Christmas Eve, as well as a specific time for Facetime communication each Tuesday. The mother's interim application to cease supervision was otherwise dismissed.