Covington & Covington (No. 3)

In the matter of *Covington & Covington (No. 3)*, McEvoy J of the Family Court of Australia considered an urgent application brought by the father concerning parenting arrangements for the child, Z. The dispute arose following final parenting orders made by consent on 3 December 2020. The mother had initiated further proceedings in various courts, including the High Court of Australia, seeking to restrain the child's vaccinations. In response, the father sought a temporary change of residence for Z during the period of her vaccination schedule.

The court was required to determine the appropriate parenting arrangements for Z during her vaccination schedule, considering the mother's actions in seeking to prevent these vaccinations and the father's application for a change of residence. Additionally, the court had to consider the father's application for costs associated with his urgent application, given the mother's opposition to such an order.

McEvoy J reasoned that the urgent application was necessitated by the mother's conduct and her unsuccessful attempts to prevent the child's vaccinations. The court applied principles of family law concerning the best interests of the child and the need to enforce existing orders. The court ordered that Z live with her father and spend time with her mother on alternate weekends until 15 August 2021 or until the completion of the third phase of her vaccination schedule, whichever date was sooner. Following this period, the parenting arrangements were to revert to those stipulated in the final orders. The court also ordered the mother to pay the father's costs in a fixed sum of $3,287.00, noting that the mother had been wholly unsuccessful in her applications.