Cavanagh and Kennedy

This matter concerned an application before Federal Magistrate Willis concerning the welfare of a child, X, born in 2006. The proceedings involved the child's mother and father, who were in dispute regarding various aspects of the child's upbringing and living arrangements.

The court was required to determine several key issues, including whether the parents should be restrained from discussing the litigation or their future wishes concerning the child's living arrangements in the child's presence. Furthermore, the court had to decide on the relocation of the child's residence to a specific city or its suburbs, the child's re-enrolment at a previous school, and interim financial contributions from the father towards the mother's rental costs. The court also considered the representation of the child in the proceedings and the preparation of a Family Report.

Federal Magistrate Willis made orders restraining both parents from discussing the litigation or their future hopes and wishes regarding living arrangements with or in the presence of the child. The mother was directed to relocate the child's residence and re-enrol the child at their previous school by 15 April 2013, or as otherwise agreed by the father. The father was ordered to pay $70 per week towards the mother's interim rental costs once she secured accommodation in the specified area. The court also ordered that the child be represented by an Independent Children's Lawyer, who was to arrange for the preparation of a Family Report and for both parties to comply with requests for participation and questionnaire completion. The matter was listed for mention, with liberty to apply regarding any issues arising from the relocation timing.