COLLI & STERN (No.2)

In the matter of *Colli & Stern (No.2)*, Judge Mercuri of the Federal Circuit Court of Australia considered an application to vary final parenting orders made on 8 April 2020. The dispute arose due to COVID-19 pandemic restrictions, which rendered the existing changeover arrangements unworkable for the mother. Specifically, the mother's obligation to self-isolate for 14 days upon returning to Town A after travelling to Greater Melbourne meant she would be unable to work from home during that period, impacting her employment.

The central legal issue before the court was whether to suspend a specific provision of the final parenting orders, namely order 5(a)(ii), and substitute it with alternative arrangements to accommodate the practical difficulties created by the pandemic-related self-isolation requirements. The court was asked to determine how to facilitate child changeovers in a manner that complied with public health directives while still upholding the child's best interests.

Judge Mercuri reasoned that the existing orders were no longer practical or in the child's best interests due to the unforeseen impact of the COVID-19 restrictions. The court applied the principle that parenting orders should be adaptable to changing circumstances, particularly those impacting a parent's ability to comply with the orders and their capacity to work. Consequently, the court ordered the suspension of order 5(a)(ii) of the final orders. In its place, for all other changeovers, the father was directed to collect and deliver the child at McDonald's Family Restaurant in Town A at the commencement and conclusion of his time with the child, respectively. The court explicitly noted that these varied arrangements were temporary, intended to remain in force only for the duration of the relevant self-isolation restrictions, and that the original orders would resume once those restrictions ceased. The parties were also reminded to continue complying with all government-directed COVID-19 restrictions.