BARDA & TEAK

In the Federal Circuit Court of Australia, Judge Brown presided over proceedings involving the parties, Barda and Teak, concerning their child, X, who was almost five years old. The dispute centred on the child's living arrangements and contact with the father, particularly in light of the mother's unilateral relocation of the child interstate and a two-year period of no interaction between the child and the father.

The court was required to determine several legal issues, including whether to apply the presumption of equal shared parental responsibility in an interim hearing, the significance of the child's freedom of movement, and the paramount consideration of the child's best interests. The court also had to consider the nature of interim hearings and its duty to deliver individual justice for the child.

Judge Brown reasoned that the presumption of equal shared parental responsibility, as stipulated in Section 61DA of the *Family Law Act 1975*, is not mandatory in interim matters and can be displaced where it is not in the child's best interests. The court noted the significant lack of interaction between the child and the father for approximately two years and the mother's interstate relocation as factors weighing against the presumption at this interim stage. The court emphasised its discretion to depart from the presumption to ensure the child's welfare and best interests were prioritised.

Consequently, the court made interim orders for the child to live with the mother, authorising her to reside with the child in Queensland. The child was to spend time with the father as agreed between the parties. Crucially, the court ordered a family report to be prepared, detailing interviews with the parties and the child, observed interactions, the child's views, and relevant considerations under Sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*. The proceedings were adjourned for further mention following the release of the report, with consideration to be given to transferring the proceedings to a registry closer to the mother's residence.