Chalmers & Moffat

In the matter of *Chalmers & Moffat*, McGuire J of the Family Court of Australia considered an interim application by the father, Mr Chalmers, seeking to increase his time with the child, X, who had recently commenced full-time schooling. The mother, Ms Moffat, opposed this application, seeking to maintain the existing interim orders. The parties had been engaged in litigation concerning both parenting and property matters for approximately three years, with a substantive trial estimated to take five days.

The court was required to determine whether to vary the existing interim consent orders, which provided for X to live with the mother and spend specific days and alternate weekends with the father, to accommodate the father's proposal for X to spend more nights per fortnight with him. This determination involved assessing the best interests of the child, X, pursuant to section 60CC of the *Family Law Act 1975* (Cth), particularly considering the likely effect of any changes on X, the practical difficulties and expense of changeovers in the context of high parental conflict, and the capacity of each parent to meet X's needs.

McGuire J reasoned that the father's proposed changes were relatively discrete and that there was no argument presented suggesting a negative impact on X. While the Independent Children's Lawyer highlighted the practical difficulties and potential impact on X of face-to-face changeovers between the highly conflictual parents, the court noted that both parents individually demonstrated a capacity to be child-focused and meet X's physical needs. The court also acknowledged X's vulnerability as a six-year-old child, whose personality was developing, and the potential impact of the ongoing parental hostility. Ultimately, the court found that the father's application was appropriate to grant on an interim basis, reflecting a potential step towards a more balanced time with both parents.

The court ordered that the previous interim orders be discharged and that X would spend time with the father on alternate weekends from Friday after school until Monday morning, and on alternate Thursdays from after school until Friday morning, commencing on specific dates. The father's ordinary time with X was to continue during all school holiday periods. The parties were also ordered to enrol in and complete a Parenting Orders Program, and changeovers not occurring at X's school were to take place at a designated contact service or alternative location.