FAULKNER & DANNEL

The case of *Faulkner & Dannel* concerned interim proceedings in the Federal Circuit Court regarding the time a child, X, would spend with his father. The father sought to increase the duration and frequency of supervised time with X, and to change the supervisor. The mother opposed this, asserting X was at risk of sexual abuse by the father, though no evidence substantiated this claim. The existing interim orders, which provided for one hour of supervised contact per week at a contact centre, had fallen into disuse, with X currently spending two hours fortnightly with the father. The mother sought to formalise these current arrangements.

The court was required to determine whether it was in the child's best interests to vary the existing interim orders to increase the supervised time X spent with his father. This involved assessing the risk of harm to the child, the child's relationship with the father, and the suitability of a proposed new supervisor. The court also had to consider the unresolved allegations of sexual abuse and past family violence, which were not to be determined at this interim stage.

Austin J reasoned that the child enjoyed a meaningful relationship with his father and would benefit from increased supervised time. The court found no evidence to support the mother's assertion of risk of sexual abuse. The Independent Children’s Lawyer supported the father's application. The court was satisfied that the paternal grandmother would be a suitable and diligent supervisor and that a gradual increase in supervised time with her would be in X's best interests. Consequently, the court ordered a staged increase in supervised time with the father, to be supervised by the paternal grandmother, and discharged the previous interim orders. The matter was to proceed to trial.