Fanning and Wilkinson

This matter concerned interim orders made by Faulks DCJ in the Federal Magistrates Court of Australia concerning the care arrangements for a child born in July 2004. The proceedings were described as a "Less Adversarial Trial," and the court heard from both parents and a Family Consultant. The dispute involved significant issues regarding parental communication, the child's living arrangements, and the personal security of the mother.

The court was required to determine several key issues, including the appropriate interim living arrangements for the child, the extent of time the child would spend with each parent, and the necessity of restraining orders to protect the mother. Further, the court needed to address the parties' ability to communicate effectively for the child's benefit, the location of child handovers, the father's anger management, pending criminal charges against the father, and the child's surname. The court also noted a lack of sufficient evidence regarding the parties' proposed physical and financial arrangements and the involvement of other significant individuals in the child's life.

In reaching its decision, the court discharged all previous orders regarding the child's time with each parent and ordered that the child live with her mother, who would have sole responsibility for her care, welfare, and development. The father was granted specific time with the child on alternate weekends and for a period during the week. Crucially, pursuant to section 114 of the *Family Law Act 1975* (Cth), the father was restrained from communicating with the mother except through her solicitor, during court proceedings, or in the presence of the Family Consultant, with specific exceptions for written communication regarding the child's wellbeing in a communication book. The court also ordered both parents to attend on the Family Consultant and follow their requests to assist in providing evidence for the court. Additionally, the parties were directed to attend the ARCK program to attempt to find appropriate ways to be involved in the child's parenting, and handovers were to occur at the M centre unless otherwise agreed.