Behn & Ziomek

The Family Court of Australia considered applications by Mr Behn (the father) and Ms Ziomek (the mother) concerning their 20-month-old child, L. The father sought interim residence of the child and the registration of a German agreement, while the mother sought supervised time between the child and the father. The proceedings also involved the mother's applications for spousal maintenance and the return of personal property, and the mother's request to transfer the proceedings to Sydney.

The court was required to determine the interim parenting arrangements for the child, specifically whether the child should live with the father or spend supervised time with him, and to address the mother's applications for spousal maintenance and the return of personal property. Additionally, the court had to decide whether to transfer the proceedings to the Sydney Registry and whether to grant an injunction restraining the mother from removing the child from Australia.

Justice Cleary, applying the principles of the *Family Law Act 1975* (Cth), particularly section 60CC, prioritised the benefit of a meaningful relationship with both parents and the need to protect the child from harm. The court noted the child had not spent time with the father for approximately eight months, following the mother's return to Australia from Germany. Despite the father having invoked the Hague Convention, his application to register a German agreement was refused. The court found no unacceptable risk of harm to the child in the father's care and therefore declined the mother's request for supervised time. The court ordered that the child live with the mother and spend time with the father three times per week, commencing with limited two-hour periods for two weeks to re-establish their relationship, followed by longer periods. The proceedings were transferred to the Sydney Registry, and the mother was restrained from removing the child from Australia. Directions were also made for the father to respond to the mother's claims for spousal maintenance and the return of personal property.