CHAN & PHU

In the matter of *Chan & Phu*, heard by Judge Scarlett, the dispute concerned interim parenting orders for a child named X. The proceedings involved a history of intractable conflict between the parents, including previous contravention proceedings. The court also considered the appointment of a child and family psychiatrist as a court expert and the potential transfer of substantive proceedings to the Family Court of Australia.

The court was required to determine the appropriate interim parenting arrangements for X, given the significant conflict between the parties. This included deciding on the child's living arrangements, the extent of each parent's responsibilities, and the specific time the child would spend with each parent. The court also had to consider the appointment of a child and family psychiatrist to prepare a report on matters relating to X's care, welfare, and development, and the financial implications of this appointment. Furthermore, the court needed to decide whether to transfer the substantive proceedings to the Family Court of Australia.

The court's reasoning led to the suspension of all previous parenting orders and the establishment of new interim arrangements. The father was granted sole parental responsibility for major long-term decisions and X was ordered to live with him. Specific, detailed provisions were made for the child's time with the mother, including during school holidays and on significant dates. The court also appointed a child and family psychiatrist, Dr C, as a court expert to prepare a report addressing numerous factors concerning X's welfare, including exposure to harm, parental mental health, the child's views, and the capacity of each parent to facilitate a relationship with the other. The parties were ordered to jointly fund Dr C's report, with provisions for payment and potential shortfalls. Communication between the parents was restricted to email, except in emergencies, and injunctions were put in place to prevent disparaging remarks about each other and to prohibit discussion of proceedings with the child.

The court ordered that all previous parenting orders be suspended and that the father have sole parental responsibility for major long-term issues concerning X, with X to live with the father. Detailed provisions were made for X's time with the mother. The application for final parenting orders was transferred to the Family Court of Australia for mention on a date to be fixed, and all other applications were dismissed.