Falko & Borchard (No 3)

In *Falko & Borchard (No 3)*, McNab J of the Federal Circuit Court of Australia made orders concerning the parenting arrangements for a child, X. The dispute involved allegations of child abuse by the Father against the Mother, and concerns raised by the Father regarding the child's health and safety in the Mother's care. The matter had a significant procedural history, with previous interim and final orders made since 2014.

The court was required to determine the best interests of the child, X, in light of the ongoing allegations and the parties' respective capacities to care for her. Key issues included whether to continue with final parenting orders or make interim orders, the appropriate level of parental responsibility for each parent, and the nature and extent of contact between the Father and the child, given the Father's expressed concerns and mental health issues. The court also considered the need for further expert evidence regarding the Father's neuropsychological state and psychiatric condition.

McNab J reasoned that while final orders are generally desirable, the weight of the evidence supported making interim orders. The court accepted the Independent Children's Lawyer's proposal, with modifications, finding it to be in the child's best interests. The Father's persistent assessment of the child for medical examination, rather than the child expressing complaints, was deemed detrimental. The court noted the Father's engagement with mental health professionals and the impression that he desired assistance with his mental health issues. The court agreed with expert assessments that the Father's anxiety was negatively impacting the child and the Mother's capacity to care for her, and ordered further psychiatric and neuropsychological assessments of the Father.

The court ordered the discharge of all previous parenting orders and granted the Mother sole parental responsibility for the child. The Father was to have supervised time with the child at a designated contact centre, with specific requirements for both parties to engage with the centre for assessment and to comply with its rules. Further orders mandated the Father to undergo neuropsychological and psychiatric assessments, with provisions for funding and reporting. The Mother was to ensure the child's continued enrolment at her school, maintain a safe home environment, and ensure the child's attendance at medical and allied health appointments. The orders also included specific prohibitions against both parties regarding the child's exposure to illicit substances, physical discipline, denigration of the other parent, and involving the child in disputes. The matter was adjourned for a mention hearing.