BIONDI & KOEN

In the matter of *Biondi & Koen*, Bennett J of the Family Court of Australia considered an application by the mother to discharge an interim order for overnight time between the father and their three-year-old child. The mother sought to restrict the child's time with the father to much more limited conditions, citing her anxiety about the vulnerability of herself and the child to contracting a pandemic illness. The father sought to maintain the existing interim order for frequent face-to-face time, including overnight stays.

The central legal issues before the court were whether the existing interim parenting orders, which included overnight time, should be discharged or varied, and what arrangements would be in the best interests of the child. The court was required to consider the impact of the mother's genuine, albeit not objectively reasonable, belief that the child was at risk in the father's care, and how her anxiety affected her parenting capacity. The urgency of the matter was noted, aligning with the Chief Justice's statement on Parenting Orders and COVID-19, and the proceedings were conducted in closed court with evidence and submissions presented via audio-visual link.

Bennett J reasoned that while the mother's anxiety was genuine, it did not render the existing order unreasonable in the context of the child's best interests. The court acknowledged the parents' limited capacity to co-parent and the mother's isolated and vulnerable position. However, the court ultimately determined that discharging the overnight time order entirely would not be in the child's best interests. Instead, the court made specific orders for the father to spend time with the child, including overnight stays on Wednesdays, and also ordered increased financial support from the father to the mother to cover medical and psychological expenses, and directed the mother to seek a mental health plan. The court also made detailed provisions for communication between the parents and the child via Skype, with specific instructions regarding recording and availability.