Fabell and Fleetwood

The proceedings involved a dispute between the mother and the father concerning their children, X and Y. The mother initiated proceedings by filing an Initiating Application on 22 January 2019. The matter came before Loughnan J in the Federal Circuit Court of Australia for the determination of interim orders.

The court was required to determine whether to grant the mother's application for review of existing arrangements and to make interim orders regarding the living arrangements of the children. Specifically, the court needed to decide whether to vary a parenting agreement dated 16 November 2018 and to make orders concerning the immediate care of child X and the proposed handover of child Y.

Loughnan J granted the mother's application for review and made an interim order that child X live with the mother until further order, notwithstanding the previous parenting agreement. The court also noted the mother's proposal for child Y to be delivered to her on 23 January 2019, with the specific time and place to be agreed between the parties. The court ordered that the application and supporting documents be served on the father as soon as practicable.