Bass and Bass

This case involved an application for interim parenting orders concerning a child named Paddy, born in August 1997. The applicant was Ms Bass (the mother) and the respondent was Mr Bass (the father). The Independent Children’s Lawyer represented Paddy. The proceedings were before Fowler J in the Family Court of Australia.

The primary legal issues before the court were to determine appropriate interim arrangements for Paddy's care, including his living arrangements, time spent with each parent, and the arrangements for his upcoming major surgery. The court was also required to consider the father's proposal for a trip to Thailand with Paddy prior to the surgery, the mother's concerns about the risk of the child not being returned to Australia, and the recommendations of an independent expert regarding the child's relationship with his mother and siblings, as well as the advice of the child's treating surgeon.

The court's reasoning focused on balancing the child's best interests, particularly in light of his upcoming surgery and his mild intellectual disability. While acknowledging the father's history of travel to Thailand with Paddy and the father's assertion of significant assets in Australia, the court found it improbable that the father would not return to Australia. The court gave significant weight to the treating surgeon's advice that the mother's presence would be beneficial for Paddy's recovery from surgery, and also considered the independent expert's report suggesting the importance of re-establishing the child's relationship with his mother. The court ultimately made orders for Paddy to attend psychological therapy with a psychologist, with specific arrangements for his time with each parent, including during his hospitalisation for surgery. The father's proposed trip to Thailand was not permitted prior to the first surgical session.

The court made detailed interim orders regarding Paddy's living arrangements, time with each parent, and attendance at psychological therapy. These orders included specific provisions for collection and return of the child, and arrangements for parental time during Paddy's hospitalisation. The court also made orders concerning the costs of the psychological therapy and required the father to provide information to the mother regarding Paddy's medical care.