CHIMIN & FIATO

In the Family Court of Australia, Hogan J considered an application by the mother (the Respondent) for leave to re-open proceedings to adduce further evidence. The dispute concerned interim parenting orders for the child, B.

The primary legal issue before the Court was whether the mother should be granted leave to re-open the proceedings to present additional evidence. The Court was also required to determine appropriate interim parenting orders for the child.

Hogan J granted the mother leave to re-open the proceedings to adduce the further evidence contained within her filed affidavit and an accompanying document. The Court then discharged previous orders made on 3 April 2018.

By way of interim orders, the Court directed that the child, B, spend time with her father, Mr Chimin, from the conclusion of the hearing until 2.30 pm on 29 January 2020. Child Dispute Services was authorised to deliver the child into the father's care following an explanation by a Family Consultant. The father was ordered to return the child to Child Dispute Services on 29 January 2020 at 2.30 pm, where the child was to remain until final orders were explained. Both parties were ordered to attend the Brisbane Registry on 29 January 2020 at 3.00 pm for judgment. Furthermore, pursuant to sections 65L, 65DA(2) and 62B of the *Family Law Act 1975* (Cth), a Family Consultant was to assist the parties and explain the orders and reasons for judgment to the child, and particulars of obligations and consequences of contravention were to be provided. The Respondent mother also provided an undertaking not to contact the child from the rising of the Court until the making of final orders on 29 January 2020.