BURTON & SLATER

The Full Court of the Family Court of Australia, constituted by Austin J, considered a dispute between a mother and a father concerning their child. The core of the disagreement revolved around the child's living arrangements and the nature and extent of time spent with each parent.

The court was required to determine whether an equal time arrangement for the child was in the child's best interests, given the existing meaningful relationship with both parents and the mother's concession that the child's relationship with the father should be restored. Furthermore, the court had to consider whether to grant an adjournment of the final hearing, particularly in light of the mother's concessions at the commencement of the trial regarding the father's alleged sexual abuse and risk of harm to the child, and her acknowledged poor compliance with previous orders.

Austin J reasoned that the child's best interests necessitated a single, stable home, and therefore ordered that the child live with the mother and spend substantial time with the father. The court also found that the mother's concessions significantly altered the case's complexion and the parties' proposals for the child's future. Acknowledging the mother's poor compliance with prior orders, the court determined that an adjournment of eight months would provide an opportunity for her to demonstrate commitment to implementing orders aimed at restoring the child's relationship with the father. The proceedings were accordingly adjourned for this period.