Ferney & Keeling

In the matter of *Ferney & Keeling*, heard in the Federal Circuit and Family Court of Australia, Judge Obradovic made interim orders concerning the parenting of a young child, X, born in 2018. The applicant, Ms Ferney (the mother), and the respondent, Mr Keeling (the father), were in dispute regarding the child's living arrangements and time spent with each parent.

The court was required to determine the best interests of the child, X, in circumstances where there were significant concerns raised about the mother's past illicit substance use and the father's criminal history. The court also had to assess the risk associated with each parent's circumstances and make orders for the child's interim care and protection, including whether to involve the Department of Communities and Justice NSW.

In reaching its decision, the court applied the principles of assessing risk by weighing the probabilities of competing claims and the likely impact on the child, as outlined in *Keats & Keats* [2016] FamCAFC 156. The court noted the mother's conflicting evidence regarding her illicit substance use, including admissions of recent use and inconsistent explanations for photographic evidence. The father's criminal history, including convictions for assault occasioning grievous bodily harm and actual bodily harm, was also a factor. The court found that the mother had unilaterally suspended the father's time with X and that mediation had failed.

Pending further orders, the court ordered that the child X shall live with the father. The child's time and communication with the mother were significantly restricted, to be conducted via Facetime and supervised contact. The mother was prohibited from removing the child. Furthermore, pursuant to s.91B of the *Family Law Act 1975*, the Department of Communities and Justice NSW was requested to intervene in the proceedings and advise within 14 days whether they intended to formally intervene.