BROOKER & POTTS

This matter concerned an interim hearing in family law proceedings between a mother and a father regarding their eight-year-old child. The central dispute arose from the mother's unilateral relocation of the child interstate, which the father alleged had severed their relationship and involved allegations of family violence. The court was required to assess the risks associated with the relocation and determine the child's best interests in the interim.

The legal issues before the court were primarily concerned with the immediate welfare of the child pending final determination of the proceedings. Specifically, the court had to consider the impact of the interstate relocation on the child's relationship with the father, the allegations of family violence, and how to best ensure the child's best interests were met in the interim, including the practical arrangements for the child's living and time arrangements with each parent.

Judge Brown ordered the mother to return the child to a location within ten kilometres of the father's residence within thirty-five days. Pending finalisation, the child's living and time arrangements were to be with the mother if she resided within that radius, or with the father if she did not, with specific provisions for school terms, holidays, and special occasions. The court also issued an injunction restraining both parties from denigrating the other in the child's presence and ordered a family report to be prepared by a Regulation 7 practitioner, addressing various factors including the child's views and the matters set out in sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*. The matter was adjourned for further consideration and a final hearing was scheduled.