BOSTON & BOSTON

In the matter of *Boston & Boston*, the father sought interim orders for the child, R, to live with him and spend time with the mother on alternate weekends. Conversely, the mother sought orders for R to continue living with her, with limited time spent with the father. The proceedings were before Dawe J of the Family Court of Australia.

The court was required to determine the best interests of the child, R, in circumstances of an extremely poor relationship between the parents. Key issues included the potential for the father to face criminal proceedings arising from allegations made by the mother, and the eldest daughter's potential role as a witness in those proceedings. The court also considered the emotional and psychological welfare of R, given R's involvement in the proceedings. Furthermore, the court had to consider the mother's application to remove a previous injunction restraining her partner from contact with R, in light of allegations that the partner had filmed R in an inappropriate manner, and the potential criminal proceedings.

Dawe J reasoned that, in light of the circumstances, the best interests of the child necessitated that R spend time with the father on alternate weekends. The court also determined that the injunction restraining the mother's partner from contact with R should be continued, again considering the best interests of the child and the serious allegations made.

Consequently, the court ordered that the father spend each alternate weekend with R, commencing on Friday 23 May 2014. The matter was adjourned for a further directions hearing to prepare for a final hearing.