Casely & Casely

This matter concerned an application by Ms Casely (the Mother) against Mr Casely (the Father) before Judge Newbrun of the Federal Circuit and Family Court of Australia. The dispute revolved around interim parenting orders, with the Mother seeking to dismiss her own application and suspend certain existing orders pending the resumption of supervisory changeover services. The court was required to determine the appropriate interim parenting arrangements, considering the allegations of missed visits by the Father, the impact of COVID-19 on contact services, the Mother's financial and employment circumstances, and the children's relationships with extended family.

The court was tasked with making interim parenting orders in circumstances where evidence was disputed and time constraints prevented full testing. The legal principles applied included the well-settled principles for parenting proceedings, particularly interim matters, as outlined in cases such as *Goode & Goode* and *Marvel & Marvel (No 2)*. These principles emphasise a conservative approach, often prioritising the avoidance of harm to the child, and acknowledge that interim decisions are temporary and subject to review at a final hearing. The court also considered the additional considerations under section 60CC(3) of the *Family Law Act 1975* (Cth), including the children's views (though they were too young to express them), their relationships with parents and other significant persons, and the extent to which each parent had facilitated the child's relationship with the other parent and participated in long-term decision-making.

In its reasoning, the court noted that while relocation might be favoured by some considerations, it was not a significant factor. The Mother's more recent complaints against the Father related to hostile email communications rather than significant physical violence. The court also considered the potential for both parents to monitor each other's drug and alcohol usage if the Mother remained in Sydney. Regarding the children's relationships, the court acknowledged positive relationships with the paternal grandmother and the Father's alleged new partner, but noted potential practical difficulties in maintaining these relationships if the Mother relocated. The court also considered the children's relationships with the Mother's sister and brother, and the limited physical support provided by her siblings due to distance. The court found that the parties were in dispute regarding responsibility for the Father's lack of consistent time with the children post-separation.

The court ordered that the Mother's application be dismissed. It also suspended specific interim parenting orders pending the resumption of supervisory changeover services by the B Contact Service. Changeovers were to occur at a McDonald's in Suburb C, facilitated by the Father's nominee. The court issued detailed directions for the filing and service of documents, including consolidated trial affidavits, and for the notification of family report writers for cross-examination. It also addressed the payment of court fees and mandated the filing of an affidavit of compliance prior to a compliance check. The matter was listed for a call-over and possible allocation of a hearing date.