Bernsen and Hayes

In the matter of Bernsen and Hayes, heard before Judge Scarlett, the dispute concerned the welfare and living arrangements of a child, X, born in 2014. The applicant mother sought orders regarding the child's return and residence, as well as injunctive relief against the respondent father.

The court was required to determine the immediate living arrangements for the child X, including whether the child should be returned to the applicant mother's care and restrained from removal by the respondent father. Furthermore, the court needed to consider the procedural steps necessary for the ongoing litigation, including the filing of a response and affidavit by the respondent, and the attendance of both parties at a child dispute conference.

Judge Scarlett ordered the immediate return of the child X to the applicant mother's care by 6 pm on the day of the hearing. The respondent was also restrained from removing the child from the mother's care without her consent or a further court order. The court further ordered that the child X was to live with the mother. Procedurally, the respondent was directed to file and serve a response and affidavit by 29 April 2014. In accordance with sections 11F and 11C of the *Family Law Act*, both parents were ordered to attend a reportable child dispute conference with a Family Consultant on 12 May 2014. The application was adjourned for mention before Judge Altobelli on 30 April 2014, with liberty to apply on 24 hours' notice.