Bailey and Dennis

The Family Court of Australia, at Melbourne, heard an application concerning interim parenting arrangements for a six-year-old child. The applicant father and respondent mother had separated some years prior and had previously managed their own arrangements for the child's care. The central dispute revolved around the mother's desire to relocate the child a significant distance from Melbourne, a move the father opposed.

The court was required to determine the child's living arrangements for the upcoming period until a final hearing. Key legal issues included the paramount consideration of the child's best interests, balancing the need for stability with the safety of the child, and assessing the impact of a recent incident involving the mother's alcohol consumption and hospitalisation. The court also considered the Family Law Act provisions regarding meaningful relationships with both parents and the child's safety.

Justice Dessau applied the principle that while stability is important, it is not the sole determinant of a child's best interests, referencing the Full Court decision in *Goode's* case. The court noted a recent incident where the mother was hospitalised with a blood alcohol reading of .12 per cent, raising concerns about alcohol abuse and past mental health issues. Despite these concerns, and erring on the side of caution, the court ordered that the child live with his mother during the week to maintain routine and stability, with specific safeguards including restraints on the mother's alcohol and prescription drug consumption. The father was granted significant weekend time and the ability to take the child to school on Wednesdays as an additional safety measure. The court also ordered separate representation for the child, a psychiatric assessment of the mother, and a Family Report, fixing the matter for a three-day final hearing.