Downes and Fitch

In the matter of *Downes and Fitch*, heard by Judge Altobelli, the proceedings concerned the welfare and living arrangements of a child, X, born in 2013. The dispute involved the child's residence and communication with both parents, with the child presently living with the Respondent Mother.

The court was required to determine immediate orders regarding the child's return to the Applicant Father, the child's primary residence, and the nature and frequency of communication between the child and the Mother. Further, the court needed to consider the appointment of an Independent Children’s Lawyer and the potential intervention of the Secretary of the Department of Family and Community Services in the proceedings.

Judge Altobelli made several interim orders, including that the child be returned to the Father within seven days and reside with him. The Mother was to have supervised communication with the child three times weekly. An Independent Children’s Lawyer was appointed, with the Legal Aid Commission of New South Wales requested to provide representation. The court also requested the intervention of the Secretary of the Department of Family and Community Services and directed parties to provide relevant documents to the department. The matter was adjourned for further consideration of orders regarding the Mother's time with and communication with the child.