Diacos & Gataki

In the matter of *Diacos & Gataki*, heard before Judge O'Shannessy, the applicant father sought urgent orders concerning his child, X, born in 2014. The dispute arose from the respondent mother's alleged failure to facilitate the father's time with the child, following final parenting orders made in 2018 which established a week-about arrangement. The father's application was prompted by allegations of family violence.

The court was required to determine the paramount consideration of the child's best interests, as mandated by section 60CA of the *Family Law Act 1975* (Cth). This involved weighing the benefit of a meaningful relationship with both parents against the need to protect the child from harm, abuse, neglect, or family violence, with greater weight to be given to the latter. The court also considered additional factors under section 60CC(3), including the child's views, the nature of the child's relationship with each parent, and the extent to which each parent had fulfilled their obligations.

Judge O'Shannessy reasoned that while allegations of family violence were noted, the mother had failed to provide specific details of the alleged incidents until filing her affidavit shortly before the hearing. The court placed significant weight on the existence of the final orders from 2018, viewing the mother's actions as potentially undermining these orders. The judge also noted that Child Protection had been notified but had not intervened, and had not raised concerns with the father despite his contact. The court declined to make a default recovery order, instead expecting the mother to comply with the orders made. The court also considered the practicalities of the child's return to the father, noting the mother's lack of a motor vehicle and the potential for conflict, thus ordering a return to the week-about regime via school-to-school pick-ups.

The court made specific orders for the immediate care and control of the child, including a temporary adjustment to the week-about schedule to facilitate the father's time. Crucially, the court also issued injunctions restraining both parties from removing the child from the Commonwealth of Australia for two years, and requested the Australian Federal Police to place the child on the Watch List at international arrivals and departures to prevent such removal. The matter was adjourned for mention in the Federal Circuit Court.